--- name: witness-prep title: Deposition Witness Preparation description: Guides attorneys through deposition witness preparation using a two-session model with document review, practice examination, and day-of logistics. Covers party witnesses, fact witnesses, 30(b)(6) corporate representatives, and experts. Produces preparation memos, document review lists, topic summaries, and day-of checklists. Enforces ABA Opinion 508 ethical boundaries. Use when preparing any witness for deposition, scheduling prep sessions, or building witness preparation materials. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/witness-prep license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en tags: [analysis, checklist, drafting, memo] --- # Deposition Witness Preparation Structured framework for ethical, effective witness prep before depositions. Adapts to party witnesses, fact witnesses, 30(b)(6) corporate reps, and experts. ## Prerequisites 1. **Witness identity and type** — party, fact, 30(b)(6), or expert 2. **Deposition notice** — date, time, location, noticed topics 3. **Key documents** — authored by, received by, or mentioning witness; likely exhibits 4. **Prior statements** — interrogatory answers, declarations, prior testimony 5. **Case context** — claims, defenses, anticipated difficult areas ## Quick Start 1. Gather prerequisites above 2. Choose session model (two-session recommended for most depositions) 3. Run Session 1: orientation + document review 4. Run Session 2: practice examination + logistics 5. Generate outputs: prep memo, document list, topic summary, day-of checklist ## Session Models | Model | Use When | Sessions | Hours | |-------|----------|----------|-------| | **Two-Session** (default) | Most depositions | 2, with 1-7 day gap | 4-7 | | **Single Extended** | Simple matters or scheduling constraints | 1 | 4-6 | | **Multi-Session** | Complex cases or anxious witnesses | 3 | 6-8 | For **30(b)(6)**: add topic-by-topic prep time; may require additional sessions. ## Session 1: Orientation & Document Review (2-4 hrs) ### Opening (15-20 min) Set expectations: purpose is truthful, clear testimony — not scripted answers. Explain deposition mechanics (oath, attendees, court reporter, transcript use). Address common concerns: - "What if I don't know?" → Say "I don't know" - "What if I don't remember?" → Say "I don't recall" - "What if I make a mistake?" → Correct via errata - "Will you help me?" → Attorney can object, but witness must answer ### Ground Rules (20-30 min) - **Listen fully** — wait for complete question before answering - **Clarify** — "I don't understand" is always acceptable - **Answer only what's asked** — don't volunteer, explain, or justify - **Tell the truth** — evasion always makes it worse - **"I don't know" vs. "I don't recall"** — never-knew vs. can't-remember-now - **Pause before answering** — take your time - **Flag problem questions** — compound, false premise, characterization, absolutes ### Document Review (60-90 min) Review order: 1. Documents witness authored 2. Documents witness received 3. Documents mentioning witness 4. Key exhibits likely to be used 5. Witness's prior statements For each document, capture: | Document | Witness Role | Key Points | Potential Issues | |----------|-------------|------------|------------------| | | Author / Recipient / Mentioned | | | **Red-flag documents** (contradictions, bad phrasing, memory gaps): ask what witness recalls — do NOT suggest answers. Let witness formulate their own honest explanation. ### Substantive Topic Review (60-90 min) Per anticipated topic: 1. Explain why it matters to the case 2. Ask what witness knows (capture genuine recollection) 3. Review relevant documents 4. Identify uncertainty or difficulty areas Focus vulnerable areas on: distinguishing knowledge vs. assumption, preparing for probing, ensuring document comprehension. ### Close Session 1 - **Homework**: documents to re-review, topics to reflect on - **Confirm**: Session 2 date/time, deposition date/time/location ## Session 2: Practice & Refinement (2-3 hrs) ### Check-In (10-15 min) Address new concerns or memories. Confirm homework completed. ### Practice Examination (60-90 min) Play opposing counsel. Cover these question types: 1. Background (warm-up) 2. Open-ended ("Tell me about...") 3. Document-based ("Showing you Exhibit X...") 4. Detail (dates, times, people) 5. Commitment ("Is that everything?") 6. Challenging (confrontational, compound, false premise) 7. Impeachment setup (locking in testimony) Coaching corrections: | Behavior | Correction | |----------|-----------| | Answers before question finishes | "Wait for the full question" | | Volunteers extra info | "Answer what's asked, then stop" | | Guesses or speculates | "Say you don't know" | | Gets defensive | "Stay calm, just answer" | | Looks to attorney for help | "You need to answer — I can't help on substance" | | Rambling answers | "Shorter. Answer, then stop." | | Uses absolutes | "Are you sure 'never'?" | Spend extra time on vulnerable topics with multiple phrasings. ### Objection Guidance (15-20 min) Instruct witness: keep listening through objections, wait for objection to finish, then answer unless specifically told not to. Instruction not to answer is rare — limited to: attorney-client privilege, work product (jurisdiction-dependent), court order violation, genuine harassment. ### Day-Of Logistics (15-20 min) **Before**: sleep, breakfast, professional dress. Arrive 15-30 min early. Bring government ID only — NO documents, notes, or files (discoverable). **During**: no chatting with opposing counsel, no jokes on the record, phone out of room, don't discuss case in hallways or restrooms. ## Day-Of Protocol **Pre-deposition (30 min before)**: final check-in, rule reminder, confirm break signals. **During**: object briefly to preserve record ("Objection, form"). No speaking objections that coach witness. Request breaks for fatigue only — not to interrupt pending questions. Track admissions and problem areas. **Post-deposition debrief**: brief emotional support, no detailed discussion until transcript review, explain errata process, remind witness not to discuss testimony with others. ## Output Templates ### Witness Preparation Memo - Session dates, durations, topics covered - Documents reviewed - Witness readiness assessment - Areas of concern - Ethical compliance confirmation ### Document Review List | Document | Bates/Exhibit | Witness Reviewed | Notes | |----------|--------------|------------------|-------| | | | Yes/No | | ### Topic Preparation Summary | Topic | Knowledge Level | Key Documents | Potential Issues | |-------|----------------|---------------|------------------| | | Strong/Moderate/Limited | | | ### Day-Of Checklist - [ ] Pre-deposition meeting scheduled - [ ] Witness has directions and arrival time - [ ] Dress code communicated - [ ] Exhibits organized - [ ] Court reporter confirmed - [ ] Videographer confirmed (if applicable) - [ ] Break/lunch logistics arranged ### Anticipated Problem Areas Per area: why it's a problem, witness's actual position, rehabilitation potential. ## Ethical Guardrails - **ABA Opinion 508** — may explain law, review documents, practice questions, suggest clearer phrasing. May NOT suggest facts, tell witness what to say, conform testimony to other evidence, or discourage truthful testimony - **ABA Model Rule 3.4** — fairness to opposing party and counsel - **FRCP 30(c)-(d)** — examination conduct and duration limits - All coaching refines *expression* of genuine recollection, never *substance* - For 30(b)(6) witnesses, align topic prep to deposition notice topics