Prior to the deposition, review the theories of your client's case, break these theories down into elements, and determine where the existing facts fall. What do you need to support your case or undermine the other side's case? Often, the primary goal for a deposition is to nail down the witness's testimony for trial. However, some depositions serve a secondary purpose, such as support of a summary judgment motion. If so, write exactly what you want the witness to say, then formulate your questions. If you are deposing a nonparty, remember that you cannot propound written discovery. Remain cordial but persist in obtaining the information you need.