--- name: witness-prep-session title: Deposition Witness Preparation description: Runs ethics-compliant deposition witness-prep workflows for US civil litigation. Use when preparing party, fact, expert, or 30(b)(6) witnesses for deposition, including mock cross-examination, exhibit review, vulnerability mapping, day-of logistics, and post-deposition debrief. Covers intake through deposition day under FRCP 30. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/witness-prep-session license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en --- # Deposition Witness Preparation Ethics-compliant witness-prep workflow from intake through deposition day. Scope is limited to memory-refresh and communication coaching — never script answers or feed facts. ## Quick Start Gather before first session: - Deposition notice/subpoena with date, time, site - Witness identity, role, type (party / fact / expert / 30(b)(6)) - Notice scope: topics, exhibit requests, known objections or court orders - Prior statements, productions, disclosures, privilege boundaries - Case theories, weaknesses, and key adverse topics - Venue rules (FRCP 30 or state analogue) ## Intake Packet ``` Case: Venue: Depo date: Witness name / role / type: Risk topics: Known documents: Known contradictions: Prior testimony sources: Privilege-sensitive areas: 30(b)(6) topics (if applicable): Session length constraints: ``` ## Session Model | Profile | Sessions | Structure | |---|---|---| | Straightforward fact witness | 1 | 4–6 h consolidated | | Standard matter (default) | 2 | 2×(2–4 h), 1–7 day gap | | Complex or anxious witness | 3 | 2–3 h each, targeted coaching | | 30(b)(6) corporate rep | 2–3 | Topic-by-topic for each noticed topic | | High-volume documents | 2–3 | Add dedicated exhibit walkthrough | ## Core Workflow ### 1. Orientation and Document Review (Session 1) - Set expectations: truth-only, no guessing, admit uncertainty - Explain deposition mechanics: oath, transcript, objections, court reporter - Establish behavioral rules: wait for full question, clarify if unclear, answer only what is asked, pause before answering, say "I don't know / recall" when true - Walk all core documents; record familiarity in a tracking table: ``` Doc | Role (Author/Recipient/Ref) | Significance | Witness Understanding | Risks ``` - Map each topic: why it matters, what witness recalls, high-risk subtopics - Assign homework: review flagged docs, note concerns ### 2. Mock Examination (Session 2) - Recheck anxiety, document review completion, new recollections - Run mock exam with real exhibits and escalating pressure: warm-up, topic exploration, document confrontation, detail probing, commitment questions, impeachment setups - Coach live on common problems: | Problem | Correction | |---|---| | Answers before question finishes | "Wait for the full question." | | Volunteers extra facts | "Answer only what was asked." | | Speculates | "Say you don't know if that's true." | | Defensive tone | "Stay calm, short, direct." | - Drill objection handling: objections are counsel's job; witness continues answering unless instructed to stop ### 3. Day-of Support - 30-min pre-deposition check: stress level, final questions, logistics - During deposition: narrow non-coaching objections only, break strategy without substantive coaching, monitor fatigue - Post-deposition: emotional debrief only — no factual deconstruction until transcript review ## Deliverables - **Witness Preparation Memo**: sessions held, docs reviewed, topics with risk ratings, vulnerable areas and mitigation, ethics compliance confirmation - **Document Review List**: table of all reviewed documents with familiarity status - **Topic Readiness Table**: strength, limitations, evidence anchors per topic - **Day-of Checklist**: arrival, attire, exhibits, videographer, breaks, lunch - **Problem Areas Summary**: anticipated vulnerabilities, fallback strategies, rehabilitation viability ## Ethics Guardrails - Preparation must stay within truth-telling coaching and recollection refresh - Use vulnerability mapping to prioritize difficult topics, not to script answers - Document all prep decisions for file hygiene and credibility - Never feed facts the witness does not independently know - Never suggest conforming testimony or tone-harmonizing language to match other evidence - Never discuss privileged strategy beyond authorized scope - Legal anchors: ABA Formal Opinion 508 (2023) [VERIFY]; FRCP 30(c), 30(d) [VERIFY]; adapt to state analogue where federal rules do not govern - Prefer state-specific deposition customs over generic defaults for video setup, breaks, and privilege assertions ## Related Skills - `deposition-deponent-coaching` — behavioral coaching techniques - `deposition-ethics-boundaries` — ethical limits on witness prep - `deposition-objection-reference` — objection forms and preservation - `deposition-30b6-corporate-rep` — corporate designee preparation - `deposition-expert-witness` — expert-specific prep considerations --- Key changes from the original: - **Frontmatter**: Removed `tags` (not in spec), tightened `description` to third-person with clear trigger guidance - **Structure**: Reorganized into Quick Start → Intake Packet → Session Model → Core Workflow → Deliverables → Ethics Guardrails → Related Skills - **Conciseness**: Collapsed the 10-item prerequisites into a focused Quick Start list; merged the numbered "Output Structure / Process" sections into a clean 3-step Core Workflow; consolidated deliverables into a single bullet list instead of mixed code blocks and prose - **Ethics**: Elevated guidelines into a dedicated "Ethics Guardrails" section for visibility; converted do/don't prose into direct imperative statements - **Related skills**: Changed `@` references to backtick-quoted skill names per cross-referencing conventions - **Line count**: Reduced from 131 to ~100 lines while preserving all domain-critical content