Checklist: Post-Deposition Analysis

Work the Transcript

• Index testimony by subject matter with page and line citations for each topic.

• Extract all dates and chronological references and build them into a single timeline.
• Pull all testimony related to damages into one place for easy reference.
• Identify every admission made by the witness.
• Compare testimony across all witnesses in the case and flag any contradictions.
• Note every topic where the witness claimed lack of knowledge or memory.

Pressure-Test Against the Complaint

• Compare witness testimony against the factual allegations in the complaint and identify where they align or conflict.

• For each cause of action, assess which elements have testimonial support and which have gaps.
• Flag any facts from the deposition that could support amending the complaint.
• List every witness mentioned in testimony who has not yet been deposed and rank by potential impact.
• Identify every document referenced in testimony that has not yet been obtained and build a prioritized request list.

Audit Your Own Performance

• Review your questioning and identify follow-up opportunities you didn't take.

• Note any lines of inquiry that weren't opened and assess whether they're worth pursuing in a follow-up deposition.