Deposition Tip - Move On After Getting A Good Answer!
The excellent South Carolina Trial Law Blog has referenced a great article by Illinois Trial Practice Blog on not asking a witness again about an area that you have received a good response... It is always tempting to try and get an even better answer but we should remember that once we get a good response it usually is wise to leave it alone.
Here is a brief excerpt from the post at the Illinois Trial Practice Blog:
Why give the witness a chance to change or explain his answer? I can think of only a couple of reasons, neither of them very good: (1) You're not sure whether you've pinned the witness down or (2) you can't remember what the witness said.
Both of these possibilities should be dealt with on the first go-round. First, pin the witness down after you get good testimony. Second, take good notes. Then move on to the next area of questioning--never to return until trial, when it will be much easier to impeach the witness than during the deposition when you have no transcript.
Good advice.
