Examinations for Discovery #5 – Outlines

Sensible principles to outline any examination

We did not cover outlining techniques in the series of posts about Direct Examinations Preparation and Cross-examination Preparation. So, let’s discuss that topic now.

There are a few basic principles about outlines, but, really, it’s a very personal subject. The more experience you have, the less you need to keep you on message. We are not talking about writing out all your Five-and-Out Sequences word for word. No, you should only need the headlines, a few words per question, and the points you are trying to score.

That principle applies to discovery examinations, whether you are examining an opposing party or you are deposing a material witness. What you need to run an examination will be different than what the next examiner needs. The trade-off is that the more words you write, the less freedom you will have to deviate from the path you have recorded. Trust yourself to form questions on the fly, more so as you gain experience.

Your outline should cover all the topics that span the facts of the case. For depositions, you may restrict your questions to the scenes the witness can discuss. But for parties, you are free to ask about areas the witness does not know about but has access to evidence that will answer your questions.

Consider breaking the case into component scenes and covering these scenes in a sensible order. This order may not be chronological, as in the personal injury case, where you might cover the accident before you cover pre-existing conditions, or the wrongful dismissal case, where you might cover the job and the dismissal before the witness’s qualifications.

Start with case analysis and think about the best sequence to cover the scenes that make up each of your elements. If you have forgotten Case Analysis Technique, now might be a good time for a refresher, starting with Case Analysis Technique #1.

Any order you choose should allow you to start and complete a scene before moving on to the next scene. If you have forgotten Scenes Technique, now might be a good time for a refresher, starting with Scenes Technique #1.

OK, you have now identified the scenes you want to cover. Consider these three separate strategies for each of them.