I’m a first year attorney taking and defending my first depositions soon. It’s a child custody dispute/parenting plan modification. Any advice or tips on how to plan and execute a deposition? Where to begin? Any advice at all would be appreciated.

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Start with your big picture objectives. What’s the point of the deposition you are taking? What are the things you need to get. Build your questions around that.

Biggest mistake I see is people over preparing, writing a script, and reading it.

Listen to the answers the witness gives you. Follow up on things they say. Go down tangents you didn’t plan for. Ask about the things they say in the room not just the things you put on paper.

Defending is all done before hand. Prepare your witness, go over documents, take the time to make them understand and it will be smooth sailing in the room.

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Thank you for the advice

Be mentally present in the deposition. I often see younger lawyers relying on typed questions during depos. They end up missing so much information that could have been addressed had they been mentally present during the proceeding. Know what you want to get out of it. Then go get it. Good luck.

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The place you begin is the pleadings. Use both parties pleadings and dive into their requested relief and factual bases for each claim

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Start with open ended questions and let them get comfortable, then go to pointed questions. Short questions that seek short answers. No “um” or “uh” in the questions- makes for a nice clean record so that you can reference the transcript easily for summary judgment motions.

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Ask around for transcripts from prior depositions in similar cases. Look at the type of questions and sequencing of questions asked.

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Some people are saying to avoid relying on written questions and not being present in the deposition. That's good advice!

But! As a first year attorney you almost certainly can't roll into the depo with a bullet point list of topics and just wing it. I would recommend you make an actual script, then go over it with yourself like 14 times and refine it. I can do a deposition with the written script in front of me and not get "lost" in the paper. If you can't do that, turn your script into an outline *after* you mentally prepare yourself for what you will actually say.

Also, realtime feed is the best. I'll stop and read that thing for like 90 seconds straight to get my bearings. The witness can wait and so can his counsel. Even without realtime feed, don't worry about long pauses between questions. It's your depo. Do what you have to do.

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Thank you, excellent practical advice

Take your time. Be comfortable with pauses. It's your show. Don't let OC or anyone else rush you.

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Look at the factored the court uses to determine a change in custody, and sculpt questions around that. You want to show that their testimony only supports your legal stance

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