- 1). Explain to the witness the format and procedures of the deposition. Explain where and when it will take place and who will be present. Let the witness know what he should wear, whether or not he should bring anything, and how long he should plan on attending.
- 2). Give the witness an overview of the questions he will be asked. Explain the merits of the case and what points the opposing counsel will be looking to prove. It is also helpful to give him a series of sample questions in the style and format you believe the attorney will be asking them.
- 3). Remind the witness all of his testimony is under oath and is the same as testifying in open court. Reiterate that it is extremely important to tell the truth when answering questions. Also remind him that it is perfectly acceptable to inform the questioner that he does not know or remember the answer to a question. Explain it is much better to not answer a question than to answer it incorrectly.
- 4). Explain to the witness his attorney may object to a question. If this happens he is not to answer the question until instructed to do so by his attorney. If an objection is raised after a question is asked, he should remain silent until the issue is resolved.
- 5). Tell the witness that under most circumstances he is allowed to take a break or speak with his attorney in private if he would like.
- 6). Ask the witness if he has any questions or concerns about his upcoming deposition.
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