Facilitator Guide

Deposition Questioning

Facilitator Guide

Deposition Questioning

Topic: Depositions
Duration: 1 hr
Format: Remote or in person

What’s covered

How to use open and closed questions
The funnel approach to asking questions
Getting an admission
Cross-examination
How to test a case theory with your questions
Common mistakes in deposition questioning
How to create a useful record

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/trainings/deposition-questioning/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

Course

Asking Good Deposition Questions

In-depth look at effective deposition questioning, including open versus closed questions, the funnel approach, strategies for getting admissions, cross-examination, and testing case theories.
Course

Common Mistakes in Deposition Questioning

A look at common missteps when taking a deposition, and how to avoid those mistakes in your questioning.
Course

Tips for Creating a Useful Record

Strategies and tips for asking questions and getting testimony that is clear and usable after the deposition.
Exercise
PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

What are opened questions? Closed questions?
Have you ever heard of the funnel approach? What is it?
How would you try to get an admission from a witness at a deposition?
What’s a cross examination and how would you use it at a deposition?
How would you test a case theory at a deposition?
What kinds of mistakes are commonly made in deposition questioning?
What are different ways you can ensure your deposition questions create a useful record?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
General practice tips (dos and don’ts)
Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot’s Depositions topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.