Taking and Defending Depositions, P1V5: Effect of Objections on Questioning

Summary

This video discusses the critical objectives in depositions—either to gather information or to secure admissions. It emphasizes the importance of using open-ended questions to encourage comprehensive responses for information gathering, while closed-ended questions are recommended for establishing specific points. The presentation highlights strategic questioning techniques, such as switching topics to preserve strong admissions and effectively following up with targeted questions. Additionally, it notes the use of open-ended questions to reveal a witness's ignorance, particularly among experts. Overall, understanding these dynamics is essential for successful depositions.

Takeaways

• 😀 Deposition questions have two primary objectives: learning information and proving a point.
• 😀 Open-ended questions are best for eliciting detailed information from witnesses, encouraging them to provide more context.
• 😀 Closed-ended questions are effective for confirming specific points and obtaining admissions from witnesses.
• 😀 The pace and tone of questioning should differ based on the objective: slower and inquisitive for information, faster and authoritative for concessions.
• 😀 When seeking information, allow pauses to encourage witnesses to recall more details.
• 😀 In contrast, when proving a point, control the questioning to elicit a simple 'yes' or 'no' response.
• 😀 A good strategy is to switch topics to preserve favorable admissions from witnesses before they can modify their statements.
• 😀 Combining open-ended questions with closed-ended follow-ups can clarify important details while still allowing for extensive answers.
• 😀 Open-ended questions can also expose a witness's ignorance, particularly when deposing experts.
• 😀 Constantly assess your objectives during a deposition to effectively manage the questioning strategy.

Q & A

What are the two primary objectives of deposition questions?

The two primary objectives are to gather information and to establish points or make concessions from the witness.

What is the difference between open-ended and closed-ended questions?

Open-ended questions do not suggest a specific answer and encourage detailed responses, while closed-ended questions lead to simple yes or no answers and often embed the desired answer within the question.

When is it more effective to use open-ended questions during a deposition?

Open-ended questions are more effective when seeking to gather comprehensive information from the witness.

Why should the pace and tone of questioning differ based on the objective?

The pace and tone should differ because, when gathering information, a slower and inquisitive approach allows the witness to think and elaborate, whereas when proving a point, a quicker and more authoritative approach is used to elicit a straightforward 'yes' answer.

How can follow-up questions enhance the deposition process?

Follow-up questions can clarify or confirm important details from a witness's longer open-ended response, ensuring key points are established for the record.

What strategy should a lawyer use when they obtain a good admission from a witness?

If a good admission is obtained, the lawyer may choose to switch topics to prevent the witness from diluting or changing their statement before it is securely on the record.

In what situation would an open-ended question be used to highlight a witness's ignorance?

Open-ended questions may be used to expose a witness's ignorance, especially with experts, by asking questions that do not suggest answers, allowing the lack of knowledge to be revealed.

What is a potential conflict that might arise between the objectives of gathering information and establishing points?

A conflict may arise if a witness provides a valuable admission that could be beneficial, but further questioning might lead them to modify or retract that admission.

Why is it important for lawyers to be clear about their objectives during a deposition?

Being clear about their objectives allows lawyers to adapt their questioning strategy effectively, ensuring they achieve the desired outcomes, whether that be gathering information or securing admissions.

What should lawyers do if they sense a witness is starting to provide a favorable response?

Lawyers should consider switching topics to secure the favorable response without risking further questioning that might lead to ambiguity or retraction.