Civil jury trials still being out of the question, it seems best to continue focusing on how to help your witnesses testify credibly and competently during depositions – which certainly are ongoing, mostly via Zoom.
Here are some suggestions to tell your witness:
1. Realize you’re in charge
When you’re being bombarded with questions, remember--you’re in charge of your response. No one has a pistol to your head, forcing you to respond a certain way.
2. Show respect at all times, be on your best behavior
Legal proceedings are formal proceedings, even when they seem informal, or even downright strange, such as with Zoom. Everything is still recorded and will be used against you if it serves opposing counsel.
3. Be courteous and polite
To everyone involved: opposing counsel, court reporter, any persons observing the proceedings.
4. Remember where your deposition might be shown
Even though a Zoom deposition is held in a number of locations, as opposed to an attorney’s office with everyone present, portions of it may still be read/viewed at a trial, or during negotiations. Always answer and behave as if Judge and jury were present.
5. Be patient
Real depositions, unlike their TV dramatizations, are often tedious. Understand the seriousness of what is at stake and be patient.
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