Know The Legal Protections
In sexual abuse litigation, third-party minor witnesses often hold critical information—details about the relationship between the victim and the abuser, what was observed, what was said, and how school staff or other adults responded. But taking a deposition of a minor who is not a party to the case requires special care, both legally and ethically.
Below, our colleagues from Kellogg & Van Aken LLP discuss deposing minor witnesses in abuse cases.
California law affords special protections to minors in civil proceedings. Before noticing the deposition, consult:
- California Code of Civil Procedure § 2025.420, which allows protective orders to limit or condition the deposition
- Local court rules and judge-specific preferences regarding minor testimony
- Whether to petition the court for guidance or a protective order in advance, especially if the minor is particularly vulnerable or the subject matter is sensitive
Minimize Harm Through Trauma-Informed Preparation
Even third-party minors can be deeply impacted by abuse-related questioning, especially if the alleged abuse occurred in a shared environment (e.g., school, church, or sports team). Use trauma-informed strategies, including:
- Avoiding leading or accusatory questions
- Preparing questions that are age-appropriate, concrete, and non-suggestive
- Being mindful of body language, tone, and pacing
- Offering breaks and ensuring the presence of a support person, such as a parent or guardian ad litem (if appropriate and permitted)
Build Rapport First
Begin with neutral, open-ended questions to help the minor witness feel safe. Ask about school, sports, or other familiar topics. The goal is to reduce anxiety and establish trust before moving into more difficult areas of testimony.
Be Clear And Direct—But Gentle
Children and teens process questions differently than adults. Keep language simple and specific. Avoid abstract concepts and compound questions. Reassure the witness they can say “I don’t remember” or “I don’t understand” without consequences.
Record Preservation And Sensitivity
Ensure the record reflects any special accommodations made (e.g., use of child-friendly language, breaks, presence of a comfort item). If the deposition is videotaped, be especially mindful of tone and demeanor—it may be played in court.
Anticipate And Address Privilege And Objections
If the minor has previously spoken with a school counselor, therapist, or other confidential resource, prepare for privilege issues and be careful not to breach protected communications.
Work Collaboratively When Possible
While opposing counsel may be adversarial in other aspects, many lawyers agree to coordinate on how to approach minor depositions respectfully. This can include:
- Stipulations about time limits
- Agreement on question sequencing
- Advanced disclosure of topics or documents to avoid surprises
Deposing third-party minors is never routine. These young witnesses are not just sources of information—they are people whose lives may be touched by the trauma at the center of the case. It is owed to them to approach these depositions with legal precision, psychological awareness, and human decency. If a child you care about has been injured, a school sexual abuse lawyer can help.