TIL a quick deposition trick that actually saved my case

My partner kept getting stuck on a witness who dodged every yes/no question. I suggested we try a different approach: ask the same fact three ways in a row, with a pause between each. First as a direct question, then as a hypothetical, then as a 'is it fair to say' version. The witness slipped up on the third try and admitted a key detail we needed. Has anyone else tried something like this to trip up a tricky deponent?

2 comments

2 Comments

brian_jackson25d ago

That just teaches witnesses to lawyer up and say nothing.

christopherwilliams25d ago

Funny how that same three-times trick works on people in normal arguments too.