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As a new attorney, taking your first deposition can be as nerve-wracking as it is exciting. The information obtained through a deposition is critical, and overlooking important steps, like hiring a court reporting service or asking the wrong questions, can impact the success of your case. As you prepare, consider this list of frequently asked questions to help you on your way.

What to Know About Taking a Deposition

Should it be videotaped?

Yes. While some attorneys rely on court reporting transcripts for their depositions, video footage can be equally beneficial, especially when you’re just getting started. Although transcripts provide word-for-word details of the deposition, video footage gives you insight into things you can’t capture with words, such as vocal inflection and body language—both can help you determine whether the subject is being truthful.

Should I write out questions?

court reportingNo. Many practiced attorneys advise new lawyers against writing out their questions ahead of time. You may become more inclined to focus on the next question on your list rather than listening to the subject and asking questions as they arise organically. As an alternative, draft a thin outline that evokes questions and helps you stay on track rather than a script that hinders the natural flow of conversation.

How should I phrase my questions?

Consider whether the witness will be available to testify in court, or if the video footage or transcript will be used instead. If the witness will testify, ask open-ended questions that can be elaborated further or more aggressively in court. If the witness won’t be on trial, treat questioning like a cross-examination to ensure you get the most detail out of their testimony.

How should I prepare?

Prepare for your deposition by ensuring you have the necessary services in place, including a court recorder, translator, and videographer. Learn as many facts as possible about the case, including any claims made, the laws surrounding the claims, and any information you can obtain about the defending attorney, including their deposition personality.

 

When taking a deposition, the accuracy of your court reporting is critical to your success. Ralph Rosenberg-Court Reporters in Honolulu, HI, is the largest reporting firm in the state. They have over 20 registered deposition and arbitration reporters that specialize in court reporting and transcription services. To request their services, send a message online or call (808) 524-2090.

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