Frequently when defending my client at a deposition, I have been astounded by the opposing counsel's questioning. I find myself wondering "how does counsel possibly think these questions will get any answers to help at trial?" "Doesn't counsel realize that the testimony my client is giving should be the stuff of cross-examination in the courtroom, where it matters much more than in the deposition room?" Failing to ask your questions the right way at deposition can leave you without the ammunition you need to cross-examine that person effectively at trial.

A key part of your deposition preparation should be planning for the day when the deponent takes the stand in the courtroom. Plan as if the case will get tried. The questions posed and testimony elicited at deposition are intrinsically related to the questions to be asked and the testimony you will want to elicit on cross-examination at trial—related in content, but very different in how that content, the evidentiary facts, is presented at trial. For trial, you need to reformulate the prior deposition questions to extract specific testimonial admissions of key facts previously disclosed at the deposition. That is, you must reassemble the deposition questions and answers for an effective cross-examination at trial. Questioning at a deposition and cross-examining at trial are two sides of the same coin.