TORT TALK PRACTICE TIP

A GOOD WAY TO BEGIN A DEPOSITION

Oftentimes, attorneys may dive into a deposition without securing basic background information to start a depositions.  There have even been depositions completed where an attorney has not even asked the deponent to state their name.

A good way to being a deposition, even before you introduce yourself or lay out the ground rules for the deposition, is to start by asking the person's name, address, and basic background information so that you have this information on the first page of the deposition transcript for your easy reference.

A suggested way to start may be, as follows:

Good morning, can you please start by stating your full name and address?

What is your date of birth?

How old are you as you sit here today?

It is my understanding that you were ____ years old back when this accident occurred?

[Ask to go off the record, and then ask for the deponent's social security number]


Once you have the above basic information, you can then review with the witness the basic ground rules of a deposition to help the proceeding flow smoothly from that point on.