Momentum Depositions: 5 Tips to Get the Truth Moving

Great depositions move. They build momentum. And that momentum leads to honest, unfiltered testimony.

Here are five ways to get your next deposition moving:

Step 1: Burn Your Outline

Prepare like crazy—organize your goals, anticipate responses, build a map. But once the deposition starts, ditch the script. A great deposition is a conversation, not a checklist. Be present. Be adaptable.

Step 2: Skip the Admonitions

‍Nothing shuts down flow faster than legalese upfront. Give instructions only when they become necessary. If someone says “uh-huh,” then clarify. Otherwise, keep things natural.

Step 3: Get to the Point

‍This one’s tough. You want to cover everything—but you don’t need to. Know your purpose before you walk in, and stick to what matters. Depth over breadth.

Step 4: Make It Entertaining

Think of your deposition like a podcast. The best ones are unscripted, curious, and fully in the moment. That’s what gets people talking. Take unexpected turns, dig beneath the surface, elicit stories, and keep it interesting.

Step 5: Build Momentum

‍This is what it’s all about. When you're stuck to an outline, or a question-pause-response-pause rhythm, you give the witness too much time to edit themselves. When you lose the script and get into the flow—you build momentum. Questions come naturally, answers come fast, and the witness doesn’t have time to overthink.

You’ll know you’ve hit it when the pace picks up, and it’s just you and the witness, talking. That’s where the magic happens—the witness drops their guard and the truth slips out before they have time to package it.

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Conor Hulburt is a plaintiff’s trial attorney and founder of the Hulburt Law Firm in San Diego, California.