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Preparing a witness for a deposition is one of the most important things you can do when suing someone (or defending yourself against a lawsuit). It’s also one of the most overlooked things you can do. If you or your client is unprepared for a deposition, it can be disastrous-it’s happened time and time again to plaintiffs and defendants alike. Similarly, a witness who is prepped correctly will be significantly more credible and believable. Here are seven reasons why preparing a witness deposition is essential!
The witness won’t waste time in court
One of the biggest pitfalls for unprepared witnesses is wasting time in court. If they don’t understand the questions being asked and don’t know how to provide answers that help their case, they can prolong the process and get off on tangents instead of focusing on what’s important. Your attorney takes care of this by preparing witnesses before depositions, so there aren’t any surprises for either party during testimony.
Enhances attorney/witness relationship
The more time you spend with your witness, the easier it will be for them to answer questions directly with little hesitation. This makes it easier on you and allows you to focus on asking meaningful questions while they focus on providing responsive answers.
Promotes familiarity with case details
Although your witness should have a general understanding of the case and its details at some point, please don’t assume they have retained all of this information or remember what has been discussed throughout the process. Spend time preparing the witness to increase your witness’ credibility.
Improve witness communication
Trying to wing it with your witnesses will lead to a disaster in court. Witnesses who aren’t prepared are nervous, which leads to them not communicating well with the judge and opposing counsel. They also have trouble answering questions because they don’t know what they should say or how they should say it. This leads to unnecessary rounds of questioning, wasted time and money, and frustrations on all sides.
Improve your chances with the case
Preparing witness for deposition allows you to help witnesses frame the story in your favor. This makes it easier for them to remember and repeat those points during the actual deposition or trial.
Build a rapport with opposing counsel
Preparing your witness creates a much better impression with opposing counsel. When you’re able to show that you’re making every effort to prepare your witnesses properly instead of just throwing them into the fire without any preparation whatsoever, you earn the respect of your fellow counsel.
The Witness Knows Too Much About the Case
Preparing witnesses for deposition means preparing them to answer all questions that they might be asked regarding the case. This includes what they know and what they don’t know. If they have too much knowledge of the case, it could be difficult to answer questions that they don’t know about due to their inside scoop. It could also cause them to say something in their testimony that could hurt the case.
Conclusion
When it comes down to it, preparing a witness for a deposition is almost the same as preparing someone to testify at trial. You must make sure your client is ready to answer any question that may be asked. This process involves careful preparation and even some training, depending on the situation.
