Each litigator is aware of that preparation is the important thing to a superb deposition. However the automobile for that preparation — your deposition define — is value some further consideration.
A well-structured define doesn’t simply arrange your ideas; it sharpens your technique, retains you targeted underneath stress, and provides you a single doc you need to use as your supply of reality all through the deposition. The distinction between whether or not you are taking a mediocre deposition or an important one usually comes all the way down to the standard of the define behind it.
Over twenty years of taking depositions, I’ve developed three ideas that guarantee disciplined prep and efficient questioning and use of paperwork within the room. Right here they’re.
1. Begin Each Part with a Listing of Objectives
Begin each part of your define with a listing of objectives — the admissions you anticipate the witness to make or information you hope to study. I categorize these as doubtless objectives (belongings you’re assured you may get primarily based on paperwork and prior testimony), doable objectives (stretch targets you’ll seize if the chance presents itself), and various objectives (fallback positions if the witness doesn’t provide you with what you needed elsewhere).
Why is that this vital? I see plenty of meandering in depositions. Attorneys drop into deep rabbit holes on tangential matters or comb by means of paperwork sentence by sentence, no matter relevance. Most of the time, this indicators that the lawyer doesn’t have a transparent thought of what they’re attempting to realize.
Writing out objectives forces concrete excited about what testimony will truly advance your case. Within the deposition itself, these objectives grow to be your guideposts. Verify them off as you go, refer again to them at breaks, and use them to pivot when issues go in a different way than deliberate. They flip your deposition define from a script right into a strategic instrument.
2. Write Out Each Query
When drafting your deposition define, I strongly advocate writing out all of the questions you intend to ask, together with various branches relying on how the witness solutions. And after I say all, I imply all — even strains of questioning that appear simple.
This isn’t since you ought to learn out of your define in the course of the deposition. In reality, I not often take a look at my written questions whereas questioning a witness. I choose to maintain my eyes on the witness and preserve a conversational tone. However I nonetheless write out each query prematurely as a result of there isn’t any higher solution to self-discipline your considering on how completely different approaches would possibly play out. It’s simple to imagine a witness will agree with you on one thing simple, solely to find mid-deposition that the phrasing is trickier than you thought. Writing questions prematurely exposes these dangers early and forces you to plan for them. Over time, this follow builds instincts about what forms of questions work, and people instincts will serve you nicely when it’s a must to improvise on the fly.
3. Paste Doc Clips into Your Define
This final tip is easy however shockingly helpful. As a substitute of citing paperwork with references like “[Tab 7 — December 12 Letter]” after which flipping between your define and your binder, simply paste a screenshot of the related portion of the doc instantly into your define.
With the clip proper there, you’ll be able to draft and refine your questions with out ever leaving your define. Need to do a last-minute evaluate at your resort the morning of the deposition? You solely want one doc. Within the room itself, hand the witness their copy of the total exhibit and maintain working out of your define — no juggling required. When you begin doing this, you gained’t return.
Right here’s an instance of a deposition define: Pattern Summerson Deposition Define.
These three strategies work collectively to supply a deposition define that’s strategic, thorough, and simple to make use of underneath stress. Grasp them, and your depositions will enhance dramatically.
Extra Trial Preparation Suggestions from Sam Davidoff
From Paper to Pixels: How Litigators Can Efficiently Undertake Digital Binders
Three Binders Each Litigator Wants
Litigation Binder Guidelines
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