NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationMedium
A paralegal is preparing a witness for deposition. The witness is nervous and tends to provide overly long, narrative answers, even to simple 'yes' or 'no' questions. To best assist the witness in providing effective deposition testimony, the paralegal should advise them to:
- ATry to anticipate the opposing counsel's strategy and tailor answers accordingly.
- BAlways elaborate on answers to ensure full context is provided.
- CListen carefully to each question and answer only what is asked, concisely and truthfully, without guessing or volunteering.
- DVolunteer additional information that they believe is helpful, even if not directly asked.
Show answer & explanationAnswer & explanation
Correct answer: C. Listen carefully to each question and answer only what is asked, concisely and truthfully, without guessing or volunteering.
Effective deposition testimony requires a witness to answer truthfully and concisely, limiting responses to only what is asked. Volunteering information or guessing can create issues for the case.
Why the other options are wrong
- A. Attempting to anticipate strategy or tailor answers is dishonest and can lead to perjury or inconsistencies, severely damaging credibility.
- B. Over-elaboration can introduce irrelevant details or inconsistencies that can be exploited by opposing counsel.
- D. Volunteering information can be detrimental, leading to new lines of questioning or providing ammunition to the opposing side.
Witness Deposition Preparation Principles
Guidelines provided to a witness before a deposition to ensure they give truthful, concise, and legally sound testimony while protecting the case.
- Listen to the question carefully.
- Answer truthfully and concisely.
- Do not guess, speculate, or volunteer information.
Memory trick: L-A-N-D: Listen, Answer, Never guess, Don't volunteer.