The Vital Role of Paralegals in Depositions

• May 27, 2025
• Uncategorized

The American Association for Justice (AAJ) hosts monthly educational “Lunch and Learns” for paralegals on various subjects (including practice tips, legal research, trials, depositions, and client management) to help our clients.

The May AAJ Lunch & Learn presentation, titled “Paralegals are Essential to Depositions; Working Together for the Best Results,” was delivered by Brian Franciskato and Amanda Cryderman, showcasing their effective collaboration in managing depositions.

Paralegals are Essential to Depositions; Working Together for the Best Results

A deposition is a formal procedure where a witness provides sworn testimony outside of the courtroom, typically during the discovery phase of a lawsuit. Attorneys conduct a detailed questioning process to uncover relevant facts, circumstances, and events about the case.

Successful depositions require a strong, trusting partnership between attorneys and paralegals. Without this collaborative approach, crucial details could be overlooked. Trust and mutual respect are the foundation of a well-executed deposition.

Three Key Phases of the Deposition Process

Phase 1 – PREPARATION FOR A DEPOSITION

Scheduling & Notice:

• The paralegal manages communication with the court reporter and ensures all scheduling and notifications are properly sent.

• The attorney prepares the witnesses, whether they are a Fact Witness (someone with firsthand knowledge of the case) or a Corporate Representative (30B6 witness) speaking on behalf of an organization. The attorney outlines the deposition strategy and identifies possible exhibits.

Exhibit Management:

• Exhibits must be organized consistently with the deposition outline.

• The paralegal manages exhibit logistics, ensuring all materials are provided to the court reporter and opposing counsel, and creates an exhibit list.

Deposition Strategy Preparation:

• A successful deposition requires strategic planning and a collaborative approach between the attorney and paralegal.
• A well-prepared paralegal knows the significance of each exhibit and subject matter and the role it plays in achieving deposition goals.

Phase 2 – DEPOSITION EXECUTION

This is the most intense and active phase for paralegals, where their support is crucial.

Paralegal responsibilities include:

• Keeping track of physical and digital Exhibits
• Updating and refining the Exhibit List
• Taking notes on key issues and questions that may require follow-up for clarity or foundation
• Taking notes on testimony for additional discovery
• Highlighting potential Motions in Limine to be considered, and
• Assessing witness credibility, with specific examples.

Phase 3 – POST-DEPOSITION FOLLOW-UP

Once the deposition concludes, meticulous organization and calendaring are necessary for the next steps.

• Providing copies of Exhibits to the Court Reporter and Opposing Counsel
• Coordinating Expedited Transcript if Necessary
• Calendaring Follow Up Regarding Status of Transcript
• Calendaring Protective Order Deadlines or confidentiality issues
• Reviewing Errata Sheets Once Received to see if any additional depositions are needed.
• Outlining the next steps for Additional Discovery

About the Presenters

Amanda Cryderman

Amanda has been a valued member of the Nash & Franciskato team since 2010. She is a member of the Paralegal Task Force at AAJ and holds a leadership position in the Kansas City Paralegal Association. Currently, Amanda manages the firm’s Mass Torts Division, where she oversees more than 500 clients.

 

 

Brian Franciskato

A partner at Nash & Franciskato, Brian represents plaintiffs in serious personal injury and wrongful death cases, as well as mass torts involving defective medical devices. A longtime AAJ member, he currently chairs AAJ Membership and serves on the Executive Committee, working to expand paralegal membership and benefits.

 

About the Organizations

Nash & Franciskato Law Firm

A firm dedicated to nationwide representation of clients affected by automobile and trucking accidents, wrongful death, product liability, defective drugs, medical devices, and more. The firm is dedicated to helping people who are seriously injured by others.

American Association for Justice (AAJ)

AAJ promotes justice and fairness for injured persons, safeguards victims’ rights—particularly the right to trial by jury—and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With members worldwide and a network of U.S. and Canadian affiliates involved in diverse areas of trial advocacy, AAJ provides lawyers and paralegals with the information and professional assistance needed to serve clients successfully and protect the democratic values inherent in the civil justice system.