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Civil Procedure

Jul. 22, 2026

10 steps to prepare a witness for deposition

Effective deposition preparation strikes a careful balance between ensuring a witness is informed and confident without crossing the line into overpreparation that undermines truthful testimony.

Michael S. Kun

Partner and Co-Chair of the Labor & Employment Practice Group
Thompson Coburn LLP

Email: mkun@thompsoncoburn.com

Univ of Virginia SOL; Charlottesville VA

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10 steps to prepare a witness for deposition
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Q: "What is your birthdate?"

A: "I don't recall."

Q: "When did you graduate from college?"

A: "I don't recall."

Those are exact--or near-exact--quotes from a deposition I attended more than 30 years ago, when I was an associate at a large national firm.

The deponent was a key witness in a trade secret case. He had been wildly overprepared over the course of thre...

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