The Litigation Psychology Podcast - Episode 267 - Managing Witness Anxiety in Deposition Prep

CSI Litigation Consultant Linda Khzam joins Steve Wood, Ph.D. to discuss managing emotional and anxious witnesses during deposition prep. Drawing on her background in cognitive neuroscience and working with crime victims, Linda explains that many witnesses enter the litigation process with no understanding of what to expect, likening it to being dropped unprepared into a foreign country. She stresses the need to provide a clear roadmap, explaining logistics, roles, and expectations, to help witnesses feel grounded and prepared.

A crucial aspect in witness preparation is identifying anxiety before it escalates. Linda describes signs such as rapid speech, over-explaining, or defensiveness as early indicators that a witness is becoming emotionally activated. She emphasizes the importance of mock questioning to surface these behaviors and help the attorney recognize when intervention is necessary. Witnesses are also encouraged to develop self-awareness around their “tells” and learn to pause and regulate themselves before they spiral. Sophisticated neurocognitive training teaches witnesses these tools.

Linda and Steve emphasize that deposition prep must be tailored to each individual, especially those dealing with external stressors or trauma. She explains that emotional issues like guilt, fear of job loss, or personal crises can interfere with memory and decision-making during testimony. By building rapport with the witness, taking time to address personal challenges, and practicing in realistic conditions, witnesses can approach depositions with more clarity, control, and confidence. 

Watch the video of the episode: https://www.courtroomsciences.com/r/euB