Discrediting Deceptive Witnesses During Deposition: Preparation, Examination, Analysis, and Confirmation

At some point, every attorney will face a witness who willfully makes sworn statements without a sincere belief in their truth. When this happens, counsel may not know whether or how to confront the witness during the deposition.

Reliable "tells" that a witness is lying do not exist. When encountering false testimony from a witness, counsel must develop a thorough line of attack to expose the lie and the choices, motives, and decisions leading to the creation of the lie. In doing so, counsel can go beyond simply getting the trier of fact to disbelieve the witness but to reject the adversary's case altogether.

The process of exposing false testimony requires patience and deliberation when questioning a lying witness. Rarely, if ever, should counsel call the witness a liar. The conclusion will be more powerful if reached by the factfinder alone.

Listen as this experienced panel instructs litigators on how to expose the witness who is putting forth half-truths and lies.