Not sure it will help anyone, but thought I would share deposition advice for new civil litigation attorneys. I take a lot of depos in employment cases and have learned a few things over the years. I will add to this thread as things pop into my mind. Guess I will pin it too. 1/

I recommend planning for depos to start at the first pleading. As plaintiff attorney, I want to have a general idea of the depos I need when I file. On the defense side, I want to have a general idea when I receive the complaint, but at least by the time I file an answer. 2/

In my office, we create a discovery plan for each case. It lists the general factual background and the elements we need to prove. It will also have a listing of depo witnesses and what we need each witness for. I will update it as we learn more i.e. get discovery going. 3/

It is very important to know what discovery limitations you have. For example, federal courts have limitations on the # of depos each party can take and many have limitations on the # of hours of depo testimony. 4/

Always check the rules (local rules in fed court) for your jurisdiction, the Rule 26(f) report in fed court, and any scheduling order for limitations. Also, check practical limitations i.e. discovery period length, client willingness to fund depos (atty hours and reporters) 5/

My first law boss was brilliant; excellent memory. He would handwrite a few notes, grab some documents and go to town. I am not brilliant. I ALWAYS make an outline as I prep for a depo. It will have a short fact/context section on the witness, general and specific questions 6/

As you prep, keep in mind the purposes of the depo. Of course you want to learn things in a discovery depo, but use it for other purposes. (1) Pin the adverse witness down to a story so you know what they will say at trial, hearing etc., 7/

(2) set it up to support or attack a motion, i.e. an MSJ, (3) use it to "teach" the other attorney the law or the case, (4) set up for questions that you would like to ask at trial, (5) lay evidentiary foundations for pieces of evidence, (6) anything else you need. 8/