What Tactics Work Best for Handling Uncooperative Witnesses During Depositions as An Attorney?
Lawyer Magazine
What Tactics Work Best for Handling Uncooperative Witnesses During Depositions as An Attorney?
When faced with the challenge of an uncooperative witness during a deposition, strategies can be as diverse as the legal minds at play. An Attorney reveals the importance of preparing for evasiveness, while we also present additional answers that range from clear questioning to invoking legal consequences. These tactics, including the final approach of adapting questioning to the witness's demeanor, showcase a spectrum of methods employed by legal professionals to ensure a productive deposition.
- Prepare for Evasiveness
- Employ Clear Questioning
- Utilize the Looping Technique
- Document Reluctance Formally
- Adapt Questioning to Witness Demeanor
- Invoke Legal Consequences
Prepare for Evasiveness
Sometimes the best way to deal with an uncooperative witness is to expect them to be uncooperative ahead of time and be prepared for that. You should prepare clean, tight questions that offer as little opportunity as possible for evasive responses.
When uncooperative witnesses respond with 'I don't know,' you can try to convince them that while they might not know, there is a plausible standard, definition, or explanation which they can accept as truth.
When uncooperative witnesses try to stall by saying they don't understand a question, you can exhaust all of their reasons for supposedly not understanding the question, then rephrase the question. You can also parse the sentence in order to get them to admit things little by little.
When uncooperative witnesses say they don't remember facts relating to numbers, such as dates or times, you can get them to commit to the smallest and largest possible values, then close the gap. So, if a witness says they don't remember how long it takes to get from one place to another, you could get them to agree that it couldn't take longer than 50 minutes and couldn't take less than 20 minutes, then close that gap from there.
Employ Clear Questioning
When faced with an uncooperative witness during depositions, an effective tactic is to utilize clear, firm, and non-confrontational questioning techniques. This approach involves asking straightforward questions that require specific answers, thereby avoiding ambiguity and confusion. An attorney should maintain a calm and composed demeanor, which encourages the witness to focus on the question and provide the necessary information without feeling attacked.
By consistently rephrasing questions to eliminate complexity, the attorney can make it easier for the witness to respond. Keep in mind the importance of patience, and encourage witnesses to share their testimony in a clear and concise manner.
Utilize the Looping Technique
The 'looping' technique is a strategic method for clarifying answers during depositions with uncooperative witnesses. It entails repeating the witness's previous answers in subsequent questions to ensure the validity of their statements and to give them a chance to clarify or expand upon their responses. This technique creates a dialogue loop that can help confirm the witness's testimony is consistent and accurate.
It's a subtle way of guiding the witness back to the critical points that need to be addressed, promoting clarity in their responses. To implement this method effectively, maintain attention to detail, and encourage the witness to listen carefully and confirm their statements.
Document Reluctance Formally
When dealing with a witness who is reluctant to cooperate, documenting their reluctance is essential for potential court intervention. An attorney should take careful note of all instances where the witness appears to avoid answering questions directly or provides incomplete information. This record-keeping can be useful if the need arises to request the judge's assistance in enforcing cooperation.
The awareness that their behavior is being formally noted can also serve as a subtle prompt for the witness to more willingly participate in the deposition process. Engage with each witness professionally and always be prepared to document their responses for the official record.
Adapt Questioning to Witness Demeanor
Adapting the questioning style to the demeanor of the witness can greatly improve the chances of cooperation during a deposition. If a witness appears nervous, the attorney may take a gentler approach, using simpler language and a reassuring tone. Conversely, with a defiant witness, an assertive tone might be necessary to convey the seriousness of the situation.
The key is to be observant and adjust the style of questioning based on how the witness is behaving at any given moment. Prompt the witness to respond more openly by altering your approach according to their demeanor.
Invoke Legal Consequences
Invoking legal consequences for noncompliance can serve as a persuasive tactic for managing uncooperative witnesses during depositions. An attorney can inform the witness of their obligation to provide truthful information and that failure to do so may result in legal penalties. Such a reminder highlights the seriousness of the situation and can deter witnesses from being evasive.
The goal is not to intimidate the witness but to make them aware that the deposition is a legally binding process that requires their full and honest participation. Use authority respectfully to remind witnesses of their legal obligations and encourage honest testimony.