Be Prepared and Avoid a Deposition Conniption
By Dan Gephart, July 17, 2024
A search on YouTube will bring up dozens of videos of famous people from presidents (Bill Clinton and Donald Trump) to pop stars (Justin Bieber, Pharrell Williams) providing testimony in a deposition.
God forbid you find a video of any of the several depositions of Ye. The rapper/design mogul/former Presidential candidate, previously known as Kanye West, has testified under oath that he’s “from Earth” and the “smartest celebrity you’ve ever met” and called an opposing attorney “f-cking stupid.” During one deposition, Ye put on a head covering with the image of Jesus Christ. Even though it “fully covered his face and muffled his voice,” he refused to take it off.
But depositions aren’t just for cases involving the rich and famous. And those being deposed are rarely as outlandish as Ye. (Notice I said rarely, not never.)
In the world of Federal employment law, depositions are an integral part of the discovery process and a critical step in preparing for a hearing before the Merit Systems Protection Board or Equal Employment Opportunity Commission. As we did our own preparation for the upcoming Hearing Advocacy: Presenting Cases Before the MSPB and EEOC virtual training (1-4:30 pm ET on August 13-14), we decided to answer some recurring questions about the deposition process.
What is the purpose of a deposition?
The National Institute of Justice defines deposition as the “recorded sworn oral testimony of a party or witness before a trial.” Depositions allow parties to “explore the strengths and weaknesses of the opposing party’s case.”
Depositions provide the opportunity for attorneys to:
- Discover information.
- Lock witnesses into their story.
- Gather evidence.
- Gauge credibility of witnesses.
- Preserve testimony of witnesses.
Are there situations where a deposition would not be a good idea?
Absolutely. Avoid depositions when you’re worried it could provide the opposing party insight into your case tactics or give them an opportunity to evaluate you. Also, there are times when the report of investigation provides all the information you need.
Are all depositions videotaped?
Under 5 C.F.R. § 1201.75, depositions may be taken by any method on which the parties agree. Depositions can be recorded by sound or video, and those recordings are supplemental to a transcript by a certified court reporter. The party requesting the deposition is responsible for hiring a court reporter and paying the court reporter costs.
How do you best prepare for a deposition?
FELTG instructor Katherine Atkinson suggests the following steps of preparation:
- Review prior statements.
- Determine which exhibits to use.
- Paginate the number of the exhibits in advance.
- Copy the exhibits in advance.
- Prepare a list of questions, keyed to exhibits.
- Prepare a witness binder and your binder.
Any advice for supervisors who are deposed?
- Be ready to answer leading or nonleading questions.
- Ignore the conflict around you, whether it is attorneys arguing or objecting to a question.
- Stay focused on the questions being asked.
- Do not act like Ye. Gephart@FELTG.com
Training on this topic: