Examinations for Discovery #10 – More Interventions by Counsel

When counsel interrupts your momentum

In the previous post, we dealt with situations in which you examine a witness for discovery (or in a deposition), and opposing counsel interferes with your examination, either by answering questions or by making objections.

Now, let’s move to the situation where your witness is testifying, Case #2. There are several ways that examining counsel can misbehave. Consider each of these:

·             If Counsel A speaks too quickly, politely ask that counsel slow down. Direct the witness not to answer until this occurs.

·             If Counsel A speaks in a loud voice, politely ask that counsel speak more softly. Direct the witness not to answer until this occurs.

·             If Counsel A takes exception to an answer and argues with the witness, politely ask that counsel stop this and ask the next question. Direct the witness not to answer until this occurs.

·             If you raise an objection and Counsel A talks over you, ignoring what you say, politely ask that counsel listen to your point. Direct the witness not to answer until this occurs.

·             If Counsel A engages the witness in a discussion during a break in the action, politely ask that counsel not talk to the witness except through Q&A. Direct the witness not to speak until this occurs.

Do you notice the repeated direction to your witness (often your client)? In Examinations for Discovery #3—Prepare Your Witness, we discussed how to prepare your witness for discovery/deposition. The witness should be ready for the intervention, know to stay silent as you speak, and follow your directions, heedless of threats by opposing counsel.