Be confident and prepared.

Prior to the deposition, reexamine key discovery and review your outline. This will allow you to maintain confidence while in the deposition. Know your file inside and out!

Keep it casual while staying on point.

Have an organized outline to ensure you cover all your bases, but do not be afraid to get conversational with the deponent. Having a natural flow of questioning and going “off-script” when appropriate can ease the deponent’s nerves, helping them to give more detailed answers. However, if you veer off course, a detailed outline will allow you to look back and make sure you covered all important points.

Research rules and objections.

It is paramount to know the court’s rules on depositions by referring to Rule 30 or its equivalent in your jurisdiction. In his book, 10,000 Depositions Later, Jim Garrity warns against blindly agreeing to the “usual stipulations” at the start of a deposition. Garrity says that these simply do not exist. Instead, know the rules regarding depositions and be sure to clarify exactly what this means on the record. It is also helpful to review the rules regarding objections in depositions in your jurisdiction. The important rule to note is …