Tips for Dealing With Reluctant Witnesses During a Deposition

As you coordinate deposition services near San Jose for your cases, you may encounter witnesses who are not eager to participate in a legal deposition or video deposition. While they may have factual information relevant to your case, they may be suspicious of the legal deposition process or are unsure of how their video deposition testimony will be used. Here are some tips for dealing with a reluctant witness during a court deposition.

Provide the Witness With a Basic Outline of the Case

Before the legal deposition begins, you should provide the witness with the basic outline of the case. This outline should not include specific details regarding allegations or charges, or information about what information the witness may have or is expected to discuss during the deposition. You should only provide the witness with a very general idea of what offenses are being investigated and the basic charges included in the court case.

Do Not Apply Pressure

You should never pressure a reluctant witness, as that may make the witness even less likely to cooperate. Instead, you should explain to the witness what his or her role is during the deposition. If the witness has been served with a subpoena for testimony, you can explain the legal consequences of ignoring the subpoena or not providing legal deposition testimony. You can also ask the witness what his or her concerns are regarding the deposition and providing testimony. Depending upon the information that the witness may have, he or she may be afraid of defendant retribution, unclear about the deposition process and purpose, or concerned about his or her name being a part of the court transcription.

Explain the Deposition Process and Its Purpose

The witness may just want to know more about the deposition process, and the purpose of providing testimony at a legal deposition. You can explain to him or her the basic procedure for taking a legal deposition, court deposition, or video deposition. You can also explain what the deposition testimony will be used for, and who will see it or have access to it.