Three Things to Remember in Preparing for a Deposition

Although each case is different and the preparation for each person needs to be customized, preparation for a deposition can take several days in a complex case, but there are at least three things that one should do to begin the process of preparation, depending on the type of case and deponent.

Review Pleadings

One of the first steps in preparing for a deposition is to review the pleadings that have been filed in the case. Make sure you know what the complaint and answer contain as well as the replies to discovery and any motions that have been filed.

Review All Documents Produced in Discovery

It is especially important to review whatever documents have been produced in the case and in particular documents that were written, received and/or sent by the deponent.

Tell The Truth

One obviously needs to tell the truth in a deposition but the deposition is not the forum for one to prove the merits of the claims or defenses in the case, so generally one should answer the question posed but only that question. There are many more volumes that can be (and have been) written on depositions, but I wanted to pick three points in particular that I have found useful. I am sure other lawyers could pick 3 others, but these 3 would be on the "top 10 list" of most lawyers.

Additional Resources

Deposition practice in the State of Delaware is subject to somewhat more stringent rules than in many other states. A link to materials on my blog, at www.delawarelitigation.com, that describe Delaware deposition rules in more detail follows:

Deposition Practice Rules in Delaware