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Go over where and when the deposition will take place, who will be present and why, and the role of the court reporter and the videographer (if the deposition will be videotaped). Also, explain the oath. Explain what a deposition is. Describe what a deposition is so that your client is familiar with the basic process.
Deposition DO's: Be prepared with the facts. Witnesses can prepare to win or prepare to fail. Tell the truth. Do not lie. ... Take your time. A calm approach gives you more poise and control. Answer ?yes? or ?no? if that fits the question. Answer fully. ... Answer one question at time. ... Anticipate questions. ... Request a break.
The person before whom the deposition is to be taken shall put the deponent on oath and shall personally, or by someone acting under the person's direction and in the person's presence, record the testimony of the deponent.
Rule 702(a): Qualifications An expert witness is one who is qualified by knowledge, skill, experience, training, or education and whose scientific, technical, or other specialized knowledge will assist the fact-finder to understand the evidence or determine a fact in issue. G.S. 8C-702(a).
The preparation of fact witnesses is protected from scrutiny by the attorney-client privilege. The ethical rules trump the desire to win a case; but scrupulous compliance with ethical rules is not the only goal of a lawyer. More is at stake.