Part III: The Forty-One Questions to Ask About

Every Single Document in a Deposition

  1. Can you identify this document?
  2. What is this document?
  • Notes to You: Use the following questions 3-22 if the document is a contract or agreement. If not, adjust them as needed – many of these questions will still apply if the document is not a contract or agreement; for instance, if the document was not negotiated, you could ask most or all of the same questions below, replacing “negotiated” with “prepared.”
  1. [If the deponent signed it?] Is this your signature?
  2. Do you recall signing it?
  3. [If the deponent did not sign it] Do you recall learning that it was signed?
  4. [If the deponent did not sign it] Were you present when it was signed?
  5. [If the deponent did not sign it] Do you recognize the signature on the document?
  1. Was this document negotiated?
  2. How long did the negotiation take?
  3. What terms did you negotiate?

Follow Up Question:Are there any other terms you negotiated?

  1. Who else took part in the negotiation from your company?
  2. What terms did others in your company negotiate?
  1. With whom did you negotiate?

Follow Up Question: Is there anyone else with whom you negotiated?

  1. If you know, with whom did others from your company negotiate?
  1. If you know, what terms did your counsel negotiate with the other party/parties?
  1. Who was you/your company’s counsel in this negotiation? Can you tell me specific names?
  1. Who was counsel to the other party? Can you tell me specific names?
  1. Other than the people mentioned, did anyone else take part in negotiating this document?
  1. Other than the people mentioned, did anyone else take part in drafting any language in this document?
  1. Were other versions of this document created?
  2. By versions, do you understand that I also mean drafts?
  3. If I wanted to know if there were other versions or drafts, who would I ask?
  • Notes to You: If this draws an objection to form, on the grounds that you are asking about both versions and drafts, then break it up into two questions, one about versions, and one about drafts.

Follow Up Question: Is there anyone else I should ask about other versions or drafts?

  1. Have you looked at this document since it was executed?
  2. How many times?
  3. How often?
  4. When was the last time you looked at it?
  5. Did you ever make any notes onthis document?
  6. Did you ever make any notes aboutthis document?

Follow Up Question:Do you understand that by “notes,” I also mean emails? Do you understand I also mean text messages?

  1. Did you ever have anyone else’s notes on this document?
  2. Did you ever have anyone else’s notes about this document?
  3. Did you turn over all those notes to your counsel in response to my document requests?
  1. If not, where are those notes today?
  2. Did you ever discard any copy of this document that had notes on it?

Follow Up Question:If so, when?

Follow Up Question:If so, why?

Follow Up Question:If so, is there any other reason at all that you discarded it / them?

Follow Up Question:What is your customary practice with respect to discarding notes on documents?

  1. [If there were prior versions or drafts] Did you ever discard any copy of a prior version or draft of this document that had notes on it?

Follow Up Question:If so, when?

Follow Up Question:If so, why?

Follow Up Question:If so, is there any other reason at all that you discarded it / them?

  1. Did you ever discard any notesabout this document?

Follow Up Question:If so, when?

Follow Up Question:If so, why?

Follow Up Question:If so, is there any other reason at all that you discarded it / them?

  1. [If there were prior versions or drafts] Did you ever discard any notes about any prior version or draft of this document?

Follow Up Question:If so, when?

Follow Up Question:If so, why?

Follow Up Question:If so, is there any other reason at all that you discarded it / them?

Follow Up Question:If not, why not?

  1. Did you lookat this document to prepare for this deposition?

Follow Up Question:If so, when?

Follow Up Question:If so, why?

Follow Up Question:If so, is there any other reason why?

  1. Did you make any notes onthis document during that review?
  2. If yes, where are they? Give them to me.
  3. Did you make any notes aboutthis document during that review?
  4. If yes, where are they? Give them to me.

And now, you are ready to actually start the substance of your questions about that document . . .

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