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The Litigation Psychology Podcast · July 20 · 18 min

#320 - Managing Witness Testimony Slip Ups During Deposition

Bill Kanasky, Jr., Ph.D. talks about how to get a witness back on track when they slip up during the deposition. Since it is nearly inevitable that mistakes will be made by the witness during questioning, this must be addressed directly with the witness during the prep to help forewarn and desensitize them to when they make a cognitive mistake during the deposition. The much more difficult mistakes to overcome are emotional mistakes that witnesses make when they go into the survival responses of fight or flight. These mistakes must also be addressed directly in prep by training witnesses to recognize what their emotional triggers are, to identify them occurring in real-time, and to self-correct and/or request a break when they notice it happening. Forcing these emotional responses during the prep is the key to the witness learning how to identify and manage their reactions. Watch the video of this episode here: https://youtu.be/KMhDoJtnYUo

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show notes

Bill Kanasky, Jr., Ph.D. talks about how to get a witness back on track when they slip up during the deposition. Since it is nearly inevitable that mistakes will be made by the witness during questioning, this must be addressed directly with the witness during the prep to help forewarn and desensitize them to when they make a cognitive mistake during the deposition. The much more difficult mistakes to overcome are emotional mistakes that witnesses make when they go into the survival responses of fight or flight. These mistakes must also be addressed directly in prep by training witnesses to recognize what their emotional triggers are, to identify them occurring in real-time, and to self-correct and/or request a break when they notice it happening. Forcing these emotional responses during the prep is the key to the witness learning how to identify and manage their reactions. Watch the video of this episode here: https://youtu.be/KMhDoJtnYUo