Deposition Witness Preparation Checklist: A Practical Checklist

How to use this checklist

Print this and work top to bottom. Phases 1 through 7 and Phase 9 are for the defending lawyer. Phase 8 is for the witness without counsel, and for any lawyer who wants to hand a nonclient something honest to read. Phase 0 is the pass you make the day the notice arrives, even if the deposition is two months away.

Authorities are federal unless noted. Model Rule citations are to the ABA version, and your state's adopted rule controls. "ABA Formal Op. 508" means the ABA's Formal Opinion 508, The Ethics of Witness Preparation (Aug. 5, 2023). Where a forum has its own rule on conferring with a witness, that rule replaces the general discussion here. For the reasoning behind the items, read Preparing a Witness for Deposition: What Is Proper, What Is Coaching, and What the Other Side Can Discover. For the narrative steps and worked examples, read Preparing Yourself or Your Witness for a Deposition: A Practical Guide. For forms, use Witness Preparation Toolkit: Session Agendas, Instruction Sheets, and Practice Examinations.

Scale the list to the stakes. A peripheral witness in a small case can skip the second mock, but no witness should skip Phases 1, 2, and 6.

Phase 0: The day the notice arrives

• Identify the vehicle. Notice to a party, officer, director, or managing agent under Fed. R. Civ. P. 30(b)(1), or subpoena under Fed. R. Civ. P. 45.
• Check the recording method in the notice under Rule 30(b)(3)(A). Note: Plan as if video will be played. Under Rule 32(c), on request, deposition testimony offered in a jury trial for anything other than impeachment comes in nonstenographic form if available.
• Check for a remote setting. Remote depositions need a stipulation or order under Rule 30(b)(4).
• Check for a document request or Rule 30(b)(2) demand, and calendar the response separately.
• Check whether this is a Rule 30(b)(6) notice. If so, switch to Rule 30(b)(6) Deposition Preparation Checklist: A Practical Checklist for the designee's duty to prepare, and use this list for the human being. Note: Calzaturficio S.C.A.R.P.A. s.p.a. v. Fabiano Shoe Co., 201 F.R.D. 33 (D. Mass. 2001) ordered designees redeposed when they arrived unprepared. Brazos River Authority v. GE Ionics, Inc., 469 F.3d 416 (5th Cir. 2006) sets out the duty.
• Calendar backward from the date, and block the session dates in Phase 4 with the witness now. Model Rule 1.3.
• Decide whether to resist. Protective order or apex motion under Rule 26(c). Note: An objection alone does not excuse attendance. Rule 37(d)(2) requires a pending motion for a protective order. For senior executives, see Apex Deposition Checklist: A Practical Checklist.
• Pull the forum's conduct rules: local rules, standing orders, case management order, and any state rule on conferring with a deponent. Note: Examples include N.J. Ct. R. 4:14-3(f), quoted in Ngai v. Old Navy, 2009 WL 2391282 (D.N.J. July 31, 2009); Tex. R. Civ. P. 199.5(d); 22 N.Y.C.R.R. § 221.3; and the rule discussed in Coyote Springs Investment, LLC v. Eighth Judicial District Court, 131 Nev. Adv. Op. 18 (2015) (requested breaks limited to privilege).
• Identify the privilege law. Federal common law, or state law where state law supplies the rule of decision, under Fed. R. Evid. 501. Note: This often decides the former-employee question. Ngai v. Old Navy, 2009 WL 2391282 (D.N.J. July 31, 2009) applied New Jersey's statute in a diversity case.

Red flag: A witness who says "I already talked to their lawyer" or "I already talked to the other guys about what we'll say." Stop and find out what was said before scheduling anything else.

Phase 1: Settle who the client is

• Classify the witness: named party, current employee, former employee, or unrelated third party. Upjohn Co. v. United States, 449 U.S. 383 (1981), n.3.
• Run a conflict check on the witness individually under Model Rules 1.7 and 1.13.
• For a current employee, give an Upjohn warning before any fact discussion: you represent the company; the privilege is the company's; the company may waive it; she may want her own lawyer if concerned. Upjohn Co. v. United States, 449 U.S. 383 (1981); Model Rule 1.13(f). Note: In United States v. Ruehle, 583 F.3d 600 (9th Cir. 2009), the lawyers took no notes of the warning, and whether they gave it became a contested fact at a three-day hearing. In re Grand Jury Subpoena: Under Seal, 415 F.3d 333 (4th Cir. 2005) called a hedged version "watered-down" and "a potential legal and ethical mine field."
• Memorialize the warning the same day: date, words used, who was present. United States v. Ruehle, 583 F.3d 600 (9th Cir. 2009).
• Explain that the company controls waiver, including after a change of management. Commodity Futures Trading Commission v. Weintraub, 471 U.S. 343 (1985).
• Decide on separate counsel when the witness has personal exposure, may be disciplined, or will testify adversely to the company. Model Rules 1.7, 1.8(f). Note: A personal privilege claim against the company is very hard to make out under the five-part test in In re Bevill, Bresler & Schulman Asset Management Corp., 805 F.2d 120 (3d Cir. 1986). Don't let a witness assume she has one.
• If separate counsel appears, paper the common-interest arrangement and route all sharing through counsel. In re Teleglobe Communications Corp., 493 F.3d 345 (3d Cir. 2007); Hanover Insurance Co. v. Rapo & Jepsen Insurance Services, Inc., 870 N.E.2d 1105 (Mass. 2007).
• If there is Fifth Amendment exposure, stop and refer. Baxter v. Palmigiano, 425 U.S. 308 (1976) permits an adverse inference in civil cases. Note: The false-statement statutes reach depositions: 18 U.S.C. § 1623 and Dunn v. United States, 442 U.S. 100 (1979). For parallel proceedings, see White-Collar Criminal Investigations: Grand Jury Subpoenas, Internal Investigations, and Corporate Cooperation.

Former employees and third parties

• Look up the forum's rule on former employees. In re Allen, 106 F.3d 582 (4th Cir. 1997) (privilege extends); Peralta v. Cendant Corp., 190 F.R.D. 38 (D. Conn. 1999) (tenure facts protected, testimony-shaping talk not); Newman v. Highland School District No. 203, 381 P.3d 1188 (Wash. 2016) (generally ends with employment).
• Decide whether to offer representation, and if so, get informed consent.
• If not representing, state who you represent and give no legal advice other than to obtain counsel. Model Rule 4.3.
• Do not ask a former employee to refuse to speak with the other side, unless Rule 3.4(f) permits it. Note: The exception covers a client's relatives, employees, and agents. A former employee is usually outside it. The other side may generally contact her without your consent under Model Rule 4.2, comment [7].
• Assume nothing said is confidential unless your research supports it. Under Peralta, sharing other witnesses' testimony was not privileged, though counsel's own opinions may be work product.
• Check payment terms. Time and expenses only, with no tie to content. ABA Formal Op. 96-402; 18 U.S.C. § 201(d); Model Rule 3.4(b). Note: Treat this as a cross-examination chapter. She will be asked what she was paid.

Red flag: A company lawyer "appearing for" former employees at their depositions without any decision about representation. Newman began with exactly that, followed by a disqualification motion and a discovery fight.

Phase 2: Build the file

• Collect the pleadings, contentions, and verified discovery responses mentioning the witness. Model Rule 1.1.
• Pull every produced document the witness wrote, received, or is mentioned in, from all sides, by every address, handle, and nickname. Nutramax Laboratories, Inc. v. Twin Laboratories Inc., 183 F.R.D. 458 (D. Md. 1998).
• Collect prior statements: depositions, declarations, agency filings, HR statements, posts, talks. Fed. R. Evid. 613; Fed. R. Evid. 801(d)(1)(A). Note: A person may obtain her own prior statement on request. Rule 26(b)(3)(C).
• Confirm preservation with the witness. Personal email, texts, chat apps, home devices. See Litigation Hold and Evidence Preservation Checklist: A Practical Checklist.
• Read transcripts of the examiner's other depositions, if available, to learn style. Model Rule 1.1.
• List the three to ten questions that matter most, from the examiner's point of view. ABA Formal Op. 508 (identify lines of questioning).
• Identify what the witness can't know. Facts outside personal knowledge should be flagged for her. Fed. R. Evid. 602.
• Identify privileged topics in advance, and consider a pre-deposition protective order if a dispute is certain. Resolution Trust Corp. v. Dabney, 73 F.3d 262 (10th Cir. 1995). Note: Dabney chastised a lawyer who suspected a work product problem beforehand and improvised blanket instructions instead of seeking an order.

Phase 3: Control the documents

• Make a Tier 1 set (documents the examiner will surely use). Nutramax Laboratories, Inc. v. Twin Laboratories Inc., 183 F.R.D. 458 (D. Md. 1998) (no competent counsel skips them).
• Make a Tier 2 set (documents she should recognize). Hamdi & Ibrahim Mango Co. v. Fire Ass'n, 20 F.R.D. 181 (S.D.N.Y. 1957).
• Show only produced documents, or ones you are prepared to produce, with Bates numbers. Fed. R. Evid. 612(a)(2). Note: The rule reaches writings used before testifying if justice requires. It applies at depositions through Rule 30(c)(1).
• Keep lawyer-created materials out of the set. Berkey Photo, Inc. v. Eastman Kodak Co., 74 F.R.D. 613 (S.D.N.Y. 1977); James Julian, Inc. v. Raytheon Co., 93 F.R.D. 138 (D. Del. 1982).
• Remove highlights, notes, tabs by theme, and cover memos. Sporck v. Peil, 759 F.2d 312 (3d Cir. 1985) and In re Allen, 106 F.3d 582 (4th Cir. 1997) protect selection, which you shouldn't advertise.
• Do not use privileged documents to refresh without a client-level decision about waiver. Fed. R. Evid. 502. Note: For the waiver analysis, see Privilege Clawback and Rule 502 Checklist: A Practical Checklist.
• Log what was shown, by Bates number and session, and keep it in the lawyer's file. Fed. R. Evid. 612(c); Rule 26(b)(3)(B).
• Assess disclosure risk with the Nutramax factors: witness status, issue, age of events, timing of review, number of documents, authorship, pure work product, prior production, and credible concerns of manipulation. Nutramax Laboratories, Inc. v. Twin Laboratories Inc., 183 F.R.D. 458 (D. Md. 1998). Note: Courts outside the Third Circuit may be less protective than Sporck. In the Second Circuit, selection protection is a "narrow exception." In re Grand Jury Subpoenas Dated March 19, 2002 and August 2, 2002, 318 F.3d 379 (2d Cir. 2003); Gould Inc. v. Mitsui Mining & Smelting Co., 825 F.2d 676 (2d Cir. 1987).
• For a designee, assume higher exposure. Nutramax found a heightened need to know what designees reviewed.
• Deliver on paper or by view-only link; collect at the end. Do not email the set to a work account. In re Teleglobe Communications Corp., 493 F.3d 345 (3d Cir. 2007) (waiver by disclosure).
• Decide whether the witness will see other witnesses' testimony, after she gives her own account. ABA Formal Op. 508; State v. Earp, 571 A.2d 1227 (Md. 1990).

Red flag: Anyone other than counsel handing the witness materials. In Ibarra v. Baker, 338 F. App'x 457 (5th Cir. 2009), a retained expert met the witness alone and gave him a marked-up transcript, and the lawyers were sanctioned for authorizing it.

Phase 4: Run the sessions

• Schedule at least two sessions for any significant witness, with the final one no later than the day before. Model Rules 1.1, 1.3; Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993) (right, if not the duty, to prepare).
• Keep the room small. Lawyer, witness, and necessary staff or interpreter. Third parties can defeat confidentiality. Upjohn Co. v. United States, 449 U.S. 383 (1981).
• Prepare witnesses separately. Geders v. United States, 425 U.S. 80 (1976) (tailoring is what sequestration guards against); Peralta v. Cendant Corp., 190 F.R.D. 38 (D. Conn. 1999).
• Session 1: Oath and truth first. Tell her testifying truthfully is the job. ABA Formal Op. 508.
• Session 1: Explain the process: oath, reporter, objections, seven-hour limit, breaks. Rule 30(c)(2), Rule 30(d)(1).
• Session 1: Take her unaided account before showing documents.
• Session 1: Give the don'ts. No talking with other witnesses, no new notes, no deleting, no AI chatbot use. United States v. Heppner, No. 25-cr-503 (S.D.N.Y. Feb. 17, 2026).
• Session 2: Go through documents in date order, asking open questions. Hamdi & Ibrahim Mango Co. v. Fire Ass'n, 20 F.R.D. 181 (S.D.N.Y. 1957).
• Session 2: Address every bad document directly. ABA Formal Op. 508 (review documents; identify cross).
• Session 2: Separate what she remembers from what the paper says. Nutramax Laboratories, Inc. v. Twin Laboratories Inc., 183 F.R.D. 458 (D. Md. 1998).
• Teach the listening rules: whole question, pause, answer that question, stop, don't guess, read documents, correct premises. ABA Formal Op. 508.
• Teach truthful "I don't recall." Never suggest less memory is better. ABA Formal Op. 508, n.10.
• Explain the difference between "I don't recall" and "I don't know." Nutramax Laboratories, Inc. v. Twin Laboratories Inc., 183 F.R.D. 458 (D. Md. 1998) (factor three: what kind of memory is this?).
• Explain objections. Answer unless instructed. Rule 30(c)(2).
• Explain instructions not to answer. Privilege, court limit, or a Rule 30(d)(3) motion only. Rule 30(c)(2).
• Practice the preparation questions. Who, when, how long, what documents. Note: Geders v. United States, 425 U.S. 80 (1976) treats cross-examination about coaching as a proper tool. Facts of the meeting are not privileged. Content is, for a client or Upjohn witness.
• Remind her that facts aren't privileged because she told you. Upjohn Co. v. United States, 449 U.S. 383 (1981).
• Explain the break rule for this forum. Phase 6.

Red flag: You are about to say "what you meant was." Stop. Ask what she meant. In re Eldridge, 82 N.Y. 161 (1880) said a lawyer's duty is to extract the facts and not pour them in, and Ibarra v. Baker, 338 F. App'x 457 (5th Cir. 2009) shows the modern consequence.

Word-choice check

• Before suggesting any word, ask whether it clarifies her meaning or adds a fact. ABA Formal Op. 508; Restatement (Third) of the Law Governing Lawyers § 116 cmt. b.
• Avoid legal terms the witness has never used unless she uses them in her job. Ibarra ("retaliation," "high crime area").
• Do not script. Whether scripts are ever allowed is unresolved, per ABA Formal Op. 508, n.19, and a written script may be discoverable.
• If a witness pushes back on your understanding, write down her version. Resolution Trust Corp. v. Bright, 6 F.3d 336 (5th Cir. 1993).
• Check whether your jurisdiction's opinions use a stricter knowledge test. D.C. Bar Op. 79 (1979), decided under the former Code and quoted in D.C. Bar Ethics Opinion 234, says "knows, or ought to know."

Phase 5: Mock examination

• Assign an examiner the witness has not worked with, if budget allows. Restatement § 116 cmt. b (rehearsal).
• Use the actual documents and the actual examiner's style. Hamdi & Ibrahim Mango Co. v. Fire Ass'n, 20 F.R.D. 181 (S.D.N.Y. 1957).
• Set up video at the likely angle, using a firm device. Rule 30(b)(3).
• Include a prep-questions chapter. Testimony first, then "Did anything refresh that?" Sporck v. Peil, 759 F.2d 312 (3d Cir. 1985).
• Include summaries, absolutes, silence, and a document ambush. See Cross-Examination Preparation Checklist: A Practical Checklist.
• Include a closure chapter ("Is that everything you remember?"). Fed. R. Evid. 801(d)(1)(A) (why it matters later).
• Play it back. Feedback goes to clarity, accuracy, and manner. ABA Formal Op. 508.
• Ask "Was that accurate?" If not, she supplies the correction. Model Rule 3.4(b).
• Stop rehearsing a topic when she starts to sound rehearsed. Ibarra v. Baker, 338 F. App'x 457 (5th Cir. 2009).
• Decide what to do with the recording under firm policy and any preservation duty. Keep it in counsel's file only, if at all. Rule 26(b)(3).

Red flag: A witness who gives the same sentence, word for word, three times in a mock. An examiner who asks "Who taught you that phrase?" will have a useful afternoon.

Phase 6: Plan for what happens on the record

• Choose your break rule by forum and write it down:
  • Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993), Plaisted v. Geisinger Medical Center, 210 F.R.D. 527 (M.D. Pa. 2002), Ngai v. Old Navy, 2009 WL 2391282 (D.N.J. July 31, 2009): no conferences except privilege; conferences are on the record.
  • In re Stratosphere Corp. Securities Litigation, 182 F.R.D. 614 (D. Nev. 1998), Odone v. Croda International PLC, 170 F.R.D. 66 (D.D.C. 1997), McKinley Infuser, Inc. v. Zdeb, 200 F.R.D. 648 (D. Colo. 2001), State ex rel. Means v. King, 520 S.E.2d 875 (W. Va. 1999): conferring allowed during recesses you did not request; no interrupting a pending question.
  • Coyote Springs Investment, LLC v. Eighth Judicial District Court, 131 Nev. Adv. Op. 18 (2015): unrequested recess, yes; requested break, privilege only, with a record.
• Tell the witness the rule, and that she may be asked about any break conversation.
• Never leave with a question pending, except on privilege. Hunt v. DaVita, Inc., 680 F.3d 775 (7th Cir. 2012); Plaisted v. Geisinger Medical Center, 210 F.R.D. 527 (M.D. Pa. 2002). Note: Plaisted allowed the doctors to be redeposed on the obstructed areas and let the examiner ask what was discussed during the two breaks counsel took with a question pending. Put any privilege conference on the record: that it occurred, its subject, and the decision. Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993).
• Keep objections short. Concise and nonsuggestive under Rule 30(c)(2). For wording, see Deposition Conduct and Objection Checklist: A Practical Checklist.
• Instruct not to answer only on the three permitted grounds. Resolution Trust Corp. v. Dabney, 73 F.3d 262 (10th Cir. 1995); 28 U.S.C. § 1927.
• Prepare the Rule 612 response in advance. Know what you will object to, what you will identify, and what you will offer in camera. Note: General demand for "everything you reviewed": object under Sporck v. Peil, 759 F.2d 312 (3d Cir. 1985) if the forum follows it. Specific question tied to testimony: usually answerable. Don't claim nothing refreshed the witness unless that is true, because Nutramax Laboratories, Inc. v. Twin Laboratories Inc., 183 F.R.D. 458 (D. Md. 1998) accepts circumstantial proof.
• Prepare for a Rule 30(d)(3) motion if abuse is likely, including who to call.
• Plan the redirect. Short, clarifying, truthful. McKinley Infuser, Inc. v. Zdeb, 200 F.R.D. 648 (D. Colo. 2001).
• Know your duty if testimony is false. Model Rule 3.3(a)(3), cmt. [10].
• Have the Rule 30(e) request ready for the end of the session.

Remote setting

• Test the platform with the witness, including exhibit display. Rule 30(b)(4).
• Confirm who is in the room. State it on the record if asked.
• Phones off and out of reach; all other applications closed; notifications off. Ngai v. Old Navy, 2009 WL 2391282 (D.N.J. July 31, 2009). Note: ABA Formal Op. 508 collects discipline and sanctions for texting, chat, and off-camera prompting, including The Florida Bar v. James, 329 So. 3d 108 (Fla. 2021), and Barksdale School Portraits, LLC v. Williams, 339 F.R.D. 341 (D. Mass. 2021).
• Agree to a protocol that no one is communicating with the witness. Formal Op. 508 suggests such protocols as a precaution. Full setup: Remote Deposition Checklist: A Practical Checklist.
• Tell the witness how to ask to see a full document. Rule 30(c)(1).
• Plan for a dropped connection. Rule 30(b)(4).

Red flag: Any message from counsel to a witness during testimony. In Ngai, the court compared this to passing notes at trial, found the messages unprivileged, and ordered them produced.

Phase 7: Day of, and the day after

• Final session the day before, one hour. No new material unless necessary. Nutramax Laboratories, Inc. v. Twin Laboratories Inc., 183 F.R.D. 458 (D. Md. 1998) (factor four, timing of review).
• Send logistics: address, time, parking, ID, medications, dress. ABA Formal Op. 508 (attire and demeanor).
• Remind her: no notes, no documents. Fed. R. Evid. 612(a)(1). Ibarra (page of notes).
• Meet before going in. Walk in together. Model Rule 1.3.
• Keep hallway and elevator talk out of the case. Upjohn Co. v. United States, 449 U.S. 383 (1981) (confidentiality).
• Confirm on the record any stipulations. Do not accept "usual stipulations" unread. Note: Rule 32(d)(3) defines what is waived if not raised. Learn what your forum's usual stipulation changes before you agree to it.
• Request review before the deposition ends. Rule 30(e)(1).
• Calendar 30 days from notice that the transcript is available. Note: For recovery if you miss it, see Federal Deadline Calendaring and Recovery Checklist: A Practical Checklist.
• Debrief orally. Keep it out of email. Upjohn Co. v. United States, 449 U.S. 383 (1981); Hickman v. Taylor, 329 U.S. 495 (1947).
• Review the transcript line by line. State a reason for each change. Thorn v. Sundstrand Aerospace Corp., 207 F.3d 383 (7th Cir. 2000); Hambleton Bros. Lumber Co. v. Balkin Enterprises, Inc., 397 F.3d 1217 (9th Cir. 2005). Note: Use Deposition Designation and Errata Checklist: A Practical Checklist. The original answer normally remains usable.
• Check whether discovery responses need correction. Rule 26(e).
• Remind her of continuing limits. No talking with other witnesses about testimony. Perry v. Leeke, 488 U.S. 272 (1989) (nondiscussion orders); Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993).
• Save a copy for trial preparation. Rule 32(a).

Phase 8: For the witness without a lawyer

• Read the subpoena for court, date, place, and documents. Rule 45.
• Check the distance limit. Rule 45(c)(1)(A).
• Check for the attendance and mileage fee. Rule 45(b)(1).
• Calendar any document objection deadline. Rule 45(d)(2)(B).
• Consider hiring a lawyer for limited scope. Especially if you signed a separation or confidentiality agreement, or have personal exposure. Baxter v. Palmigiano, 425 U.S. 308 (1976).
• When a lawyer calls, ask whom she represents. Model Rule 4.3.
• Do not delete anything. 18 U.S.C. § 1512.
• Do not compare stories with other witnesses. Geders v. United States, 425 U.S. 80 (1976) (tailoring); Peralta v. Cendant Corp., 190 F.R.D. 38 (D. Conn. 1999).
• Do not type your testimony into a chatbot. United States v. Heppner, No. 25-cr-503 (S.D.N.Y. Feb. 17, 2026).
• Read your own old emails if you lawfully have them. Fed. R. Evid. 612 (they may be requested).
• Practice saying "I don't remember" and "I don't understand." Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993) (ask the examiner to clarify).
• On the day, listen, pause, answer, stop. 18 U.S.C. § 1623 (the oath applies).
• Do not guess. Do not agree with what you know is wrong. 18 U.S.C. § 1621.
• Ask to read and sign before you leave. Rule 30(e)(1).

For the basics of responding to a subpoena, see Rule 45 Subpoena Response Checklist: A Practical Checklist.

Phase 9: Closing the file

• Store your document log and the Upjohn note with the file. Rule 26(b)(3).
• Collect any binder copies from the witness. Sporck v. Peil, 759 F.2d 312 (3d Cir. 1985).
• Note what surprised you, for the next witness, keeping any written notes as work product. Hickman v. Taylor, 329 U.S. 495 (1947).
• Update the plan for the next witness based on the examiner's approach. See Cross-Examining an Adverse Witness at Deposition: A Practical Guide.

This list is general information for planning and isn't legal advice about any one witness; forum rules and specific facts will change some items.

Related Documents

Related Articles

• Preparing a Witness for Deposition: What Is Proper, What Is Coaching, and What the Other Side Can Discover: the ethics rules and case law behind these tasks.
• Deposition Objections and Instructions Not to Answer: What Rule 30 Allows and What Gets Lawyers Sanctioned: the split on break conferences in full.

Related Guides

• Preparing Yourself or Your Witness for a Deposition: A Practical Guide: the same process told step by step, with examples.
• Preparing and Defending a Rule 30(b)(6) Deposition: the designee version.

Related Checklists

• Defending a Deposition Checklist: A Practical Checklist: defending counsel's overall list.
• Hearsay and Business Records Checklist: A Practical Checklist: useful when the witness will lay a records foundation.

Related Toolkits

• Witness Preparation Toolkit: Session Agendas, Instruction Sheets, and Practice Examinations: templates for each phase above.
• Clawback Toolkit: 502(d) Orders, Clawback Notices, and Privilege Review Protocols: for a privileged document that reached a witness or the other side.