Deposition Strategies in Employment Litigation: Taking and Defending Depositions of Plaintiffs and Fact Witnesses

Leveraging Deposition Testimony During Discovery, Summary Judgment, Settlement and Trial

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, November 14, 2018

Recorded event now available

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Course Materials

This CLE course will prepare employment litigators to take and defend depositions of plaintiffs and fact witnesses. The panel will explain tactics for preparing witnesses, outline techniques for effective questioning, and offer strategies for leveraging deposition testimony during discovery, summary judgment, settlement and trial.


Polished deposition skills are critical to a successful employment litigation practice. Information gained during depositions impacts summary judgment, trial strategy and settlement discussions. Obtaining or protecting essential information during depositions is key to a positive—or negative—case outcome.

Skillfully preparing deponents, taking control of the dynamics of a deposition, effectively questioning the witnesses, and strategically raising objections all have a significant impact on the amount and usefulness of information obtained during depositions.

Listen as our authoritative panel of employment litigators discusses effective witness preparation techniques, advanced questioning methods, and strategies for using deposition testimony during discovery, summary judgment hearings, settlement discussions, and trial.



  1. Planning for depositions
    1. Determining who to depose
    2. Type of deposition
    3. Goals of deposition
    4. Seating arrangements, participant personalities and other “dynamics” considerations
    5. Witness preparation
    6. Document requests
  2. Taking and defending depositions
    1. Questioning witnesses
    2. Raising and responding to objections
    3. Using exhibits
    4. Using information obtained from social media
  3. Post-deposition strategies
    1. Using deposition information during discovery
    2. Using deposition information during summary judgment hearings
    3. Using deposition information during settlement discussions and trial


The panel will review these and other high priority issues:

  • What are the most common challenges employment litigators face when taking and defending depositions of plaintiffs and fact witnesses?
  • What deposition questioning techniques will maximize the information obtained from witnesses?
  • What strategies are effective when raising and responding to objections during depositions?
  • How can deposition testimony be most effectively used during summary judgment, discovery, settlement and trial?


Cripps, Jesse
Jesse A. Cripps

Gibson Dunn & Crutcher

Mr. Cripps handles the full range of labor and employment matters under federal and state law, specializing in the...  |  Read More

Martucci, William
William C. Martucci

Partner; Chair, National Employment Litigation & Policy Practice Group
Shook Hardy & Bacon

Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action...  |  Read More

Smith, Katherine
Katherine V.A. Smith

Gibson Dunn & Crutcher

Ms. Smith represents and advises employers in all aspects of labor and employment law. She has extensive...  |  Read More

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