By Sach Oliver
One of the core objectives with the Depositions Are Trial mentality is to create video clips that perfectly support our client’s case. The most powerful clips, however, seldom come from one question during a deposition. More often, they come from a series of questions, even when we’re locking down the most basic facts of the case.
The key is to keep it simple as we work toward our goal: the one clip we will actually use. And a well-planned, well-supported series of simple, straightforward questions almost always yields the clip we want and need.
We start by writing down the fact we want to establish and the question we need to ask to establish that fact. We edit that question down to its simplest form. Then we assume that the witness won’t know the answer, even if it’s the most basic fact and something they should know. This assumption helps us create a deposition outline that gets us to the fact.
For example, let’s say we need to establish the fact that a tractor was traveling 72 miles an hour. We will gather all the evidence we have that supports this fact and have it available as exhibits that we will show the witness.
Me: Here’s the download of the tractor’s computer system that shows it was traveling 72 miles an hour. Do you see it?
The witness: Yes.
Me: Here’s the police report that shows that the tractor was traveling 72 miles an hour. Do you see it?
The witness: Yes.
Me: Here’s the testimony of a witness who was in the cab and says the tractor was traveling 72 miles an hour. Do you see it?
The witness: Yes.
None of those questions or answers are likely to show up in our video clips. But now that the witness has confirmed that they see the evidence, we’re ready for what will become our video clip.
Me (next questions): On the day in question, the tractor was traveling 72 miles per hour. True?
Witness: True.
Snip. There’s our clip.
