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Know every document better than the witness or their attorney. Have a well structured outline, make sure you ring at least all of the big bells in that outline, but don’t be handcuffed by it. At the end of the day, it’s you asking another person questions. Don’t let opposing counsel rattle you with objections—they get to lodge a simple objection and then shut the f*ck up while their witness answers the pending question. Don’t give up on a question that matters even if the witness claims not to understand the first four ways you ask it. Probe their lack of understanding: “what about that question don’t you understand? What’s your understanding of [problematic term/phrase]?” Be okay saying “I’m going to ask a different question.” Be comfortable with silence. It’s your room. If you’re struggling to come up with the next question and getting flustered, just say something like “bear with me” or make it look like you’re looking for the next exhibit in your file box. Stay even keeled and measured. If anyone loses their cool, make sure it’s not you. Have fun with it.
Have an outline. Don't feel ashamed at staring at it the whole time. Remember, the record consists of the questions, not your demeanor.
Make sure you listen to the answer given. Don’t be so married to your outline that you miss the response to the question
Don’t be aggressive, witnesses are usually more likely to talk and give you more information if they feel comfortable
Pretend you’re trying to get information out of an intelligent 6 year old.
Don’t be a slave to your notes. Listen to what the witness is saying and adapt. Treat it like a conversation, be polite and personable - you want the witness talking so make them feel comfortable and listened to when you are asking them questions.
Close off lines of questioning. For example, if you ask a question for examples and the witness answers, continue asking for more examples until the witness doesn't have any left.
Have an outline. Depending on what side you’re on, make sure the questions support your cause(s) of action, defense(s), or other arguments you intend to use. But don’t be rigid! If you get an interesting answer don’t be afraid to stray from the outline for a while to pursue a line of questioning that can be helpful. If you find yourself asking another question in your head, ask it. Don’t assume you know the answer. Also, if you need to pause and collect yourself, do it! My first dozen depositions or so I felt pressure to keep things at a tempo. Then later I found that I missed a couple of questions that I would have asked had I slowed down a bit/looked over my notes. Good luck!
I reviewed transcripts from other files to help get a feel of progression of questions. I made an outline and wrote out questions to be asked. Know key things you need to get from testimony and trust yourself to know that you will get what you need for the case.
Have a great outline, but above all, know the case. What are your goals for the deposition? What are the elements of the claim? If you don’t get an answer, press gently (or firmly depending on the deponent). I always think of it as “what does my client need for MSJ?”
Don’t get burned by a sham affidavit.
Tell is about the case and role of witness.
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