Title: 3. Preparing for a Deposition
Course: IN 2005 Digital Forensics > Section: Module 14: Chapter 14-Expert Testimony in High-Tech Investigations & Ethics for the Expert Witness

Preparing for a Deposition

1. A deposition differs from a trial in that there is no jury or judge. It is usually an opportunity for the opposing attorney to preview your testimony at trial.
2. Two types of deposition:
  - Discovery deposition
  - Testimony preservation deposition

Guidelines for Testifying at Depositions

1. Some guidelines for testifying during a deposition, including:
  - Stay calm, relaxed, and confident
  - Maintain a professional demeanor
  - Use name of attorneys when answering
  - Keep eye contact with attorneys
  - Try to keep your hands on top of the table
  - Be professional and polite
  - Use facts when describing your opinion
  - Being deposed in a discovery deposition is an unnatural process
2. If you prepared a written report, the opposing attorney might attempt to use it against you.
3. State that if your attorney objects to a question from the opposing attorney, pause and think of what direction your attorney might want you to go in your answer.
4. You should be prepared at the end of a deposition to spell any specialized or technical words you used.
5. Several problems might appear during a deposition. Some recommendations on how to recognize and deal with them. Your recommendations should include:
  - Discuss any problem before the deposition
  - Be prepared to defend yourself
  - Avoid omitting information
  - Avoid having the attorney box you into a corner
  - Avoid contradictions
  - Be professional and polite when giving opinions about opposing experts
  - To respond to difficult questions that could jeopardize your client’s case, pause before answering
  - Keep in mind that you can correct any minor errors you make during your examination
  - Discovery deposition testimony often doesn’t make it to the jury.  It might be presented to the jury, usually as part of an attempt to discredit the witness

Guidelines for Testifying at Hearings

1. Testifying at a hearing is generally comparable to testifying at a trial.
2. A hearing can be before an administrative agency or a legislative body or in a court. Often administrative or legislative hearings are related to events that resulted in litigation.  A judicial hearing is held in court to determine the admissibility of certain evidence before trial.  No jury is present.