Deposition Assistance: How Paralegals Support the Deposition Process

The Paralegal's Essential Role in Depositions

Depositions are one of the most important discovery tools in civil litigation. They provide attorneys the opportunity to question witnesses under oath before trial, preserve testimony, and assess witness credibility. Paralegals play a critical role in every phase of the deposition process, from preparation through follow-up. Mastering deposition assistance skills is valuable both in practice and for the CP exam.

What Is a Deposition?

A deposition is a formal proceeding in which a witness gives sworn testimony outside of court, typically in an attorney's office. The testimony is recorded by a court reporter and may also be videotaped. Depositions serve multiple purposes in litigation:

• Discovering facts and identifying issues in the case
• Preserving testimony of witnesses who may be unavailable at trial
• Locking witnesses into specific testimony that can be used for impeachment at trial
• Evaluating the credibility and demeanor of witnesses
• Developing information for settlement negotiations

Pre-Deposition Preparation

Thorough preparation is the foundation of an effective deposition. Paralegals assist with preparation in several ways:

Document organization: Compile and organize all relevant documents, including pleadings, discovery responses, medical records, contracts, correspondence, and other evidence. Create an indexed exhibit binder with tabs for easy reference during the deposition.

Research: Research the deponent's background, including prior testimony, published statements, social media activity, and any prior litigation involvement. This information helps the attorney craft more effective questions.

Outline drafting: Assist the attorney in preparing a deposition outline organized by topic. While the attorney directs the questioning strategy, the paralegal can help ensure all relevant topics are covered.

Logistics: Schedule the deposition, arrange for a court reporter and videographer, reserve a conference room, send deposition notices to all parties, and coordinate with the witness regarding scheduling.

Subpoenas: If the deponent is a non-party witness, prepare and serve a subpoena. For depositions requiring document production, prepare a subpoena duces tecum with specific document requests.

During the Deposition

Many attorneys bring paralegals to depositions for real-time support. Your role during the deposition may include:

• Managing and tracking exhibits as they are marked and introduced
• Taking detailed notes on key testimony, noting page and line numbers
• Flagging inconsistencies between the witness's testimony and documents in the file
• Passing notes to the attorney about follow-up questions or missed topics
• Monitoring the witness's demeanor and body language
• Ensuring all planned topics from the outline are addressed

Post-Deposition Follow-Up

After the deposition, the paralegal's work continues with several important tasks:

Transcript review: Review the deposition transcript when it becomes available. Check for accuracy, identify key testimony, and flag any errata or corrections needed.

Digest preparation: Prepare a deposition digest or summary that organizes the testimony by topic, making it easy for the attorney to locate specific testimony later. Common digest formats include page-line summaries, topic-based summaries, and chronological summaries.

Exhibit management: Catalog all exhibits marked during the deposition and ensure they are properly filed in the case management system.

Follow-up discovery: Based on testimony obtained during the deposition, identify areas that may require additional discovery, such as document requests or interrogatories.

Witness Preparation Support

When your client or a friendly witness is being deposed by opposing counsel, the paralegal helps prepare the witness. This includes scheduling preparation sessions, organizing documents the witness should review, and preparing a summary of likely topics and areas of questioning based on the case issues.

Build Your Litigation Skills

Deposition procedure is a core topic on the NALA CP exam and an essential skill for litigation paralegals. Practice with ParalegalPrep flashcards covering civil litigation and discovery. Create your free account to begin studying, or check our pricing page for full access to all study tools.