Mastering Deposition Designations In California: Best Practices For Trial Success

Some of the most critical evidence at trial comes in the form of deposition testimony from witnesses who are unable to testify live at trial. Done right, deposition designations can powerfully support your case. Done poorly, they can confuse the jury or worse yet, be excluded. Below are six best practices for California practitioners to ensure your designations are both effective and admissible.

1. It All Starts with a Good Deposition

Laying the groundwork for trial happens long before the jury is sworn in. If a witness lives beyond the court's subpoena power, their deposition may be the only chance to present their testimony. CCP § 2025.620(c). If you're taking the deposition, prepare as though you're conducting a trial examination. A detailed outline and clear objectives will help you elicit testimony that's both compelling and admissible. If you plan to introduce documents, consider arranging for a document camera or other graphic presentation of the evidence