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name: deposition-prep description: Deposition preparation skill for witness preparation and deposition practice. Use when the user needs assistance with deposition outlines, witness preparation, deposition questioning, defending depositions, or deposition summaries. Triggers on keywords like "deposition", "witness preparation", "deposition outline", "deposition questions", "deposition summary", "30(b)(6)", "deposition notice", "defending deposition".

Deposition Preparation

This skill provides expert guidance for taking and defending depositions effectively.

Core Capabilities

1. Taking Depositions

• Outline preparation
• Questioning techniques
• Exhibit handling
• Follow-up strategies

2. Defending Depositions

• Witness preparation
• Objection strategies
• Protective measures
• Rehabilitation

3. Rule 30(b)(6) Depositions

• Topic identification
• Designee preparation
• Corporate knowledge
• Binding statements

4. Deposition Summaries

• Summarization techniques
• Key testimony extraction
• Issue coding
• Impeachment identification

Deposition Outline Development

Outline Structure

DEPOSITION OUTLINE

Witness: [Name]
Date: [Date]
Location: [Location]
Court Reporter: [Name]
Videographer: [Name]

I. INTRODUCTION
   □ Identify witness
   □ Ground rules
   □ Prior testimony experience
   □ Preparation for deposition

II. BACKGROUND
   □ Education
   □ Employment history
   □ Relevant experience
   □ Relationship to parties

III. [SUBSTANTIVE TOPIC 1]
   A. [Subtopic]
      - Question 1
      - Follow-up
      - Document: [Exhibit #]
   B. [Subtopic]

IV. [SUBSTANTIVE TOPIC 2]
   [Continue structure...]

V. DOCUMENTS
   □ Review key documents
   □ Authenticate
   □ Explore knowledge

VI. CLOSING
   □ Additional information
   □ Corrections
   □ Reservation of rights

Topic Development Approach

For each topic:

1. WHAT DO I NEED TO PROVE/DISPROVE?
   - Elements of claims/defenses
   - Key factual disputes
   - Credibility issues

2. WHAT DOES THIS WITNESS KNOW?
   - Direct knowledge
   - Observations
   - Communications
   - Documents authored/received

3. WHAT DOCUMENTS SUPPORT THIS?
   - Exhibits to use
   - Order of presentation
   - Foundation requirements

4. WHAT FOLLOW-UP MAY BE NEEDED?
   - Anticipated answers
   - Contingent questions
   - Impeachment materials

Questioning Techniques

Question Types

Type	Purpose	Example
Open-ended	Gather information	"What happened next?"
Closed	Confirm facts	"You were present, correct?"
Leading	Control narrative	"Isn't it true that..."
Foundation	Authenticate	"Do you recognize this document?"
Hypothetical	Expert opinions	"Assuming X, would you agree..."
Impeachment	Challenge credibility	"Didn't you previously state..."

Effective Questioning

DO:
✓ Listen to the answer
✓ Ask one question at a time
✓ Allow silence (don't fill gaps)
✓ Follow up on unclear answers
✓ Pin down vague responses
✓ Use documents strategically
✓ Control the pace

DON'T:
✗ Argue with the witness
✗ Ask compound questions
✗ Accept non-responsive answers
✗ Reveal your strategy
✗ Let opposing counsel coach
✗ Rush through important topics
✗ Forget to close loops

Locking In Testimony

PINNING TECHNIQUE

1. Establish the fact
   "You attended the meeting on January 15?"

2. Eliminate alternatives
   "No one else from your department was there?"

3. Confirm completeness
   "Is there anything else you want to add about that meeting?"

4. Lock it down
   "So your testimony is that only you attended from the department?"

Defending Depositions

Witness Preparation Session

WITNESS PREPARATION OUTLINE

SESSION 1: OVERVIEW (1-2 hours)
□ Explain deposition process
□ Review ground rules
□ Discuss likely topics
□ General preparation guidance

SESSION 2: DOCUMENT REVIEW (2-4 hours)
□ Review key documents
□ Explain document origins
□ Prepare for document questions
□ Identify potential issues

SESSION 3: PRACTICE (2-4 hours)
□ Mock questioning
□ Review answers
□ Address problem areas
□ Final preparation

KEY INSTRUCTIONS:
1. Tell the truth
2. Listen to the question
3. Answer only what's asked
4. Don't volunteer
5. Say "I don't know" if true
6. Say "I don't remember" if true
7. Ask for clarification if needed
8. Take breaks when needed
9. Don't guess or speculate
10. Watch for trick questions

Objection Grounds (Federal)

Objection	Basis	Preserve?
Form	Compound, vague, argumentative	Yes
Leading	Suggestive (own witness)	Yes
Speculation	Calls for guess	Yes
Foundation	Lack of personal knowledge	Yes
Privilege	Attorney-client, work product	Yes (instruct not to answer)
Harassment	Badgering, already asked	Generally

Objection Protocol

PROPER OBJECTION

"Objection, [ground]."

Examples:
- "Objection, form."
- "Objection, asked and answered."
- "Objection, calls for speculation."
- "Objection, compound."
- "Objection, vague."

IMPROPER (Speaking objection):
"Objection, the question is completely unclear and you're
obviously trying to confuse the witness about..." [NO]

Instructions Not to Answer

Limited to:

1. Privilege (attorney-client, work product)
2. Court order limitation
3. Seek protective order

Not permitted for:

• Relevance objections
• Unfair questions
• Embarrassing answers
• Harmful testimony

Rule 30(b)(6) Depositions

Notice Requirements

RULE 30(b)(6) NOTICE

Notice must describe with reasonable particularity
the matters for examination.

TOPICS:
1. [Detailed description of topic 1]
2. [Detailed description of topic 2]
3. [Continue...]

DOCUMENTS TO BE PRODUCED:
1. [Category 1]
2. [Category 2]

Corporate Designee Preparation

PREPARATION STEPS

1. IDENTIFY APPROPRIATE DESIGNEES
   - Who has knowledge?
   - Who can learn the information?
   - Consider multiple designees

2. GATHER INFORMATION
   - Interview knowledgeable employees
   - Review relevant documents
   - Compile data and records
   - Fill knowledge gaps

3. PREPARE DESIGNEE
   - Educate on topics
   - Review documents
   - Practice testimony
   - Clarify scope

4. DISTINGUISH KNOWLEDGE TYPES
   - Personal knowledge: "I know..."
   - Corporate knowledge: "The company's position is..."
   - Outside scope: "That topic wasn't noticed"

Binding Effect

• Designee speaks for corporation
• Testimony binds organization
• Cannot later claim designee didn't know
• Must prepare designee adequately

Deposition Summaries

Summary Formats

Format	Use Case
Page-line	Quick reference, trial prep
Topic-based	Issue analysis
Chronological	Timeline development
Narrative	Comprehensive review

Page-Line Summary Template

DEPOSITION SUMMARY

Witness: [Name]
Date: [Date]
Reporter: [Name]

PAGE:LINE  TOPIC           SUMMARY
─────────────────────────────────────────────────
12:5-15    Background      Witness employed by XYZ Corp
                           since 2015 as project manager

23:10-24:5 Jan 15 Meeting  Attended meeting with Smith
                           and Jones; discussed timeline

45:8-22    Contract Terms  Confirmed receipt of final
                           contract on January 20

[Continue...]

KEY TESTIMONY
- [Significant admission 1] (p. 34:5-12)
- [Significant admission 2] (p. 67:18-68:3)

IMPEACHMENT OPPORTUNITIES
- [Prior inconsistent statement] (p. 89:4-10 vs. Doc. Ex. 5)

Topic Summary Template

TOPIC: [Topic Name]

WITNESSES WHO TESTIFIED:
1. [Witness 1] - [Date]
2. [Witness 2] - [Date]

TESTIMONY SUMMARY:

[Witness 1]:
- [Key point 1] (p. XX:X-XX:X)
- [Key point 2] (p. XX:X-XX:X)

[Witness 2]:
- [Key point 1] (p. XX:X-XX:X)
- [Key point 2] (p. XX:X-XX:X)

CONFLICTS/INCONSISTENCIES:
- [Witness 1] said X; [Witness 2] said Y

DOCUMENTS REFERENCED:
- Exhibit 1: [Description]
- Exhibit 5: [Description]

FOLLOW-UP NEEDED:
- [Additional discovery/witnesses needed]

Video Deposition Considerations

Technical Setup

• Camera positioned properly
• Lighting adequate
• Audio tested
• Backup equipment available
• Exhibits displayable

Presentation Tips

FOR WITNESS:
- Dress professionally
- Look at questioner (not camera)
- Speak clearly and deliberately
- Pause before answering
- Keep composure on camera

FOR COUNSEL:
- Be aware of camera angles
- Don't make faces
- Keep papers organized
- Plan exhibit handling
- Consider jury perception

Integration with Other Skills

• litigation: Overall case strategy
• e-discovery: Document identification
• legal-research: Legal issue prep
• case-management: Scheduling/tracking
• brief-writing: Using deposition testimony

Reference Files

For detailed guidance:

• references/outline-templates.md - Deposition outline formats
• references/witness-prep-guide.md - Preparation session protocols
• references/summary-templates.md - Summary format examples