43. Can I Get a Witness?, with Hon. Chris Whitten

You may see depositions as your golden opportunity to preserve testimony, elicit admissions, and test theories—but for your witness, depositions are a veritable stewpot of jangled nerves and apprehension. In this episode, Maricopa County Superior Court Judge Christopher Whitten shares what you can do to ensure your witness walks into a deposition feeling at ease with the process and ready to handle even the toughest questions. Judge Whitten reflects on role-playing, using video as a prep tool, broaching difficult topics, responding to objections, and testifying live versus livestream—and that's just for starters. Topics2:35   Confident witnesses   3:53   Is witness prep privileged?5:30   Procedural comfort13:54 Objections during testimony16:06 Substantive prep22:57 Tough questions and role-playing24:36 Using video in prep26:38 Theory and theme testing29:12 Common pitfalls32:04 Testimony via Zoom versus face-to-face38:15 Reluctant witnesses42:36 Expert witness prep46:03 Signoff questionQuote“When you have a problem with the witness, it’s because you didn’t prepare enough.” Hon. Chris Whitten ResourcesHon. Chris Whitten (bio)Building Trial Skills: San Diego (course)The Ins and Outs of Jury Selection (webcast)En Banc: Judges’ Perspectives on Remote Hearings (webcast)“Can I Get a Witness?” (video)