Certified Fire Investigator Training - - The Deposition Part 2: Questioning Tactics and Effective Responses

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The Deposition Part 2: Questioning Tactics and Effective Responses

Credit Hours: 3
Approximate reading time: 0.5 Hours
Approximate online time: 1 Hour

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Disclaimer- NFPA and other resource editions cited within the CFITrainer.Net site were current as of the release of the respective modules. The field of fire investigation and its guiding documents are constantly evolving and it is incumbent upon the fire investigator to remain up to date with the guidance in the current editions of the documents referenced in all modules on CFITrainer.Net, regardless of which edition was used in the writing of the module.

Program Abstract

One of the legal proceedings that may require the fire investigator to testify is a deposition. Deposing attorneys employ a variety of tactics to learn about the expert witness giving testimony, to try to unsettle that witness to see how he/she handles such pressure, and to probe for weaknesses to exploit.The investigator can ensure that his/her testimony accurately reflects his/her work on the case by understanding these tactics and using effective counters.When questioning turns contentious, it can be challenging to maintain focus and professionalism and provide accurate, truthful answers.This module teaches effective ways to respond to the most common questioning tactics.

This module is the second in a two-part series on depositions. It is recommended that the user first complete the module "The Deposition Part 1: Format, Content, and Preparation", then proceed with this module.

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Accidental Causes

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IAAI Credential

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Training Course Pre-Requisites

ATF ARSON-CS-0002 Advanced Origin and Cause/Courtroom Techniques

IAAI Fundamentals of Fire Investigation

IAAI Electrical Aspects of Fire Investigation

IAAI Expert Report Writing

IAAI Expert Witness Courtroom Testimony

IAAI Forensic Photography — Basic

IAAI Forensic Photography — Advanced

IAAI Investigating Youth-Set Fires

IAAI Marine Fire Investigation

IAAI Motor Vehicle Fire Investigation (2 Day and 3 Day)

National Fire Academy Fire Investigation: Essentials R0772

National Fire Academy Fire Investigation: Forensic Interviewing and Evidence R0780 and P0780

National Fire Academy Fire Investigation: Electrical Systems R0776

National Fire Academy Fire Investigation: Case Preparation and Testimony R0790

CFITrainer.Net Multi-Program Certificate

Fire Investigation for Fire Officers

Fire Investigation for the Insurance Industry

Fire Investigation Safety

Principles of Fire Investigation

NFPA 1033 (2022 Ed.) JPR

4.1.1 Meet JPRs in 4.2 Through 4.7

4.1.2 Employ Scientific Method

4.1.3 Complete Site Safety Assessment & Follow Standards

4.1.4 Maintain Liaison With Other Interested Professionals and Entities

4.1.5 Adhere to all Applicable Legal and Regulatory Requirements

4.1.6 Understand the Organization and Operation of the Investigative Team Within an IMS

4.1.7.1 to 4.1.7.3 Remaining Current & Continuing Education

4.2 Scene Examination

4.2.1 Secure the Fire Ground

4.2.2 Conduct Exterior Survey

4.2.3 Conduct Interior Survey

4.2.4 Interpret Fire Patterns Individually

4.2.5 Interpret and Analyze Fire Patterns Collectively

4.2.6 Examine and Remove Fire Debris

4.2.7 Reconstruct Potential Area(s) of Origin

4.2.8 Inspect and Analyze the Performance of Building Systems

4.2.9 Discriminate the Effects of Explosions

4.3 Documenting the Scene

4.3.1 Diagram the Scene

4.3.2 Photographically Document the Scene

4.3.3 Construct Investigative Notes

4.4 Evidence Collection/Preservation

4.4.1 Utilize Proper Procedures for Managing Victims and Fatalities

4.4.2 Locate, Document, Collect, Label, Package, and Store Evidence

4.4.3 Select Evidence for Analysis

4.4.4 Maintain a Chain of Custody

4.4.5 Dispose of Evidence

4.5.1 Develop an Interview Plan

4.5.2 Conduct Interviews

4.5.3 Evaluate Interview Information, Analyze, Correlated, and Corroborate

4.6 Post-Fire Investigation

4.6.1 Gather Reports and Records, Maintain Admissibility in Court

4.6.2 Evaluate the Investigative File

4.6.3 Coordinate Expert Resources

4.6.4 Establish Evidence as to Motive and/or Opportunity, Given an Incendiary Fire

4.6.5 Formulate an Opinion Concerning Origin, Cause, or Responsibility for a Fire

4.7 Presentations

4.7.1 Prepare a Written Report

4.7.2 Express Investigative Findings Verbally

4.7.3 Testify During Legal Proceedings

NFPA 1033 (2022 Ed.) 4.1.7 Topic

4.1.7 (1) Fire Science

4.1.7 (1)(a) Fire Chemistry

4.1.7 (1)(b) Thermodynamics

4.1.7 (1)(c) Fire Dynamics

4.1.7 (1)(d) Explosion Dynamics

4.1.7 (2) Fire Investigation

4.1.7 (2)(a) Fire Analysis

4.1.7 (2)(b) Fire Investigation Methodology

4.1.7 (2)(c) Fire Investigation Technology

4.1.7 (2)(d) Evidence Documentation, Collection, and Preservation

4.1.7 (2)(e) Failure Analysis and Analytical Tools

4.1.7 (3) Fire Scene Safety

4.1.7 (3)(a) Hazard Recognition, Evaluation, and Basic Mitigation Procedures

4.1.7 (3)(b) Hazardous Materials

4.1.7 (3)(c) Safety Regulations

4.1.7 (4) Building Systems

4.1.7 (4)(a) Types of Construction

4.1.7 (4)(b) Fire Protection Systems

4.1.7 (4)(c) Electricity and Electrical Systems

4.1.7 (4)(d) Fuel Gas Systems

World Languages Availability

Español/Spanish

Accreditation, Certification, and Certificates

Accreditation, Certification, and Certificates

This program provides a primer on accreditation, certification, and certificates for fire investigation training.

Alternative Fuel Vehicles

Alternative Fuel Vehicles

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An Analysis of The Station Nightclub Fire

An Analysis of The Station Nightclub Fire

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Arc Mapping Basics

Arc Mapping Basics

Arc Mapping, or Arc Fault Circuit Analysis, uses the electrical system to help reconstruct a scene, providing investigators with a means of determining the area of a fire’s origin.

Basic Electricity

Basic Electricity

This module introduces basic electrical concepts, including: terminology, atomic theory and electricity, Ohm’s Law, Joule’s Law, AC and DC power.

Charleston Sofa Super Store Fire

Charleston Sofa Super Store Fire

A fire occurred on the evening of June 18, 2007, in the Sofa Super Store in Charleston, SC that resulted in the deaths of nine fire fighters.

Charting Your Career Path In Fire Investigation

Charting Your Career Path In Fire Investigation

This module looks at the many ways fire investigators enter and grow in the profession through academia, the fire service, law enforcement, insurance, and engineering.

Commercial Kitchen Fires 1: Fundamentals

Commercial Kitchen Fires 1: Fundamentals

This module describes the design, construction, components, and operation of a commercial kitchen’s ventilation, fire suppression, and cooking fuel systems.

Critical Evaluation and Testing of Commonly Reported Accidental Causes

Critical Evaluation and Testing of Commonly Reported Accidental Causes

This module looks at four of the most commonly-reported accidental fire causes: cooking equipment, heating equipment, electrical distribution, and smoking materials.

Critical Thinking Solves Cases

Critical Thinking Solves Cases

This program brings three highly experienced fire investigators and an attorney with experience as a prosecutor and civil litigator together for a round table discussion.

The Deposition Part 1: Format, Content, and Preparation

The Deposition Part 1: Format, Content, and Preparation

This module introduces the elements of a deposition, discusses typical lines of questioning, and describes how to prepare for a deposition.

The Deposition Part 2: Questioning Tactics and Effective Responses

The Deposition Part 2: Questioning Tactics and Effective Responses

This module proposes effective ways to respond to the most common questioning tactics employed by opposing counsel in a deposition.

Digital Photography and the Fire Investigator

Digital Photography and the Fire Investigator

The program discusses the basics of digital photography for fire investigators as well as software and editing procedures for digital images intended as evidence.

Discovery in Civil Cases

Discovery in Civil Cases

This self-paced program is an introduction to discovery in civil proceedings such as fire loss claims and product defect lawsuits.

Discovery in Criminal Cases

Discovery in Criminal Cases

This self-paced program is an introduction to discovery in criminal proceedings.

DNA

This module covers the foundation of DNA evidence: defining, recognizing, collecting, and testing.

Documenting the Event

Documenting the Event

This program provides a practical overview of how to perform the baseline documentation tasks that occur at every scene.

Donning and Doffing Personal Protective Equipment

Donning and Doffing Personal Protective Equipment

Guidance on selecting, donning, and doffing PPE for post-fire scenes, focusing on respiratory protection.

Effective Investigation and Testimony

Effective Investigation and Testimony

This module will discuss the techniques and strategies for conducting a proper science-based fire scene investigation and effectively presenting an investigator’s findings in court as an expert witness.

Electric & Hybrid Vehicle Design Basics

Electric & Hybrid Vehicle Design Basics

This program explains the basic principles of how electric and hybrid vehicles are designed and work, including major systems and typical components.

Electric & Hybrid Vehicle Fires

Electric & Hybrid Vehicle Fires

This program discusses common failure modes, evidence handling procedures, and safety protocols for electric and hybrid vehicles.

Electrical Safety

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This module presents critical electrical safety practices that every fire investigator should implement at every scene, every time.

Emerging Technologies in Fire Investigation

Emerging Technologies in Fire Investigation

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Ethical Duties Beyond the Fire Scene

Ethical Duties Beyond the Fire Scene

This self-paced program examines the fire investigator's ethical duties beyond the fire scene.

Ethics & Social Media

Ethics & Social Media

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Ethics and the Fire Investigator

Ethics and the Fire Investigator

Should you work for a private lab as a consultant if you are on an Arson Task Force? How about accepting discounts from the local hardware store as a “thanks” for a job well done on a fire they had last year?

Evidence Examination: What Happens at the Lab?

Evidence Examination: What Happens at the Lab?

This module takes investigators into the forensic laboratory and shows them what happens to the different types of fire scene evidence that are typically submitted for testing.

Explosion Dynamics

Explosion Dynamics

This module teaches the foundational knowledge of explosion dynamics, which is a necessary precursor to investigating an explosion scene.

Fire Chemistry

This module addresses the foundations of fire chemistry and places it within the context of fire scene investigations.

Fire Dynamics Calculations - Version 2.0

Fire Dynamics Calculations - Version 2.0

The program is designed to introduce a new Palm/Pocket PC application called CFI Calculator to users and provide examples of how it can be used by fire investigators in the field.

Fire Dynamics in the Wildland

Fire Dynamics in the Wildland

This module discusses foundational wildland fire terminology, factors that influence wildland fire behavior, how these factors interact to produce fire effects (and subsequently fire patterns), and new research into fire dynamics in the wildland that is challenging assumptions.

Fire Effects Part 1: Heat Effects on Fuels

Fire Effects Part 1: Heat Effects on Fuels

Learn about the mass loss and deformation effects of heat on fuels, including definition, formation explanation, the fire scene context, and implications for fire pattern analysis.

Fire Effects Part 2: Combustion By-Products Effects

Fire Effects Part 2: Combustion By-Products Effects

Learn how combustion by-products that cause discoloration and smoke deposition on surfaces and the implications for fire pattern analysis.

Fire Flow Analysis

Fire Flow Analysis

This module explains fire flow path and discusses the effects of ventilation, fuel availability, and the modern fire environment on that flow path.

Fire Investigation for Fire Officers

Fire Investigation for Fire Officers

This module provides a road map for fire officers to integrate and navigate their fire investigation duty with all their other responsibilities and describes where to obtain specific training in fire investigation.

Fire Investigator Scene Safety

Fire Investigator Scene Safety

The evaluation of hazards and the assessment of the relative risks associated with the investigation of fires and explosions are critical factors in the management of any investigation.

Fire Protection Systems

Fire Protection Systems

This module will describe the most commonly encountered fire protection systems.

Fundamentals of Interviewing

Fundamentals of Interviewing

This module presents best practices in preparing for and conducting the informational interview with witnesses in the fire investigation case.

Fundamentals of Residential Building Construction

Fundamentals of Residential Building Construction

This module provides instruction on the fundamentals of residential building construction with an eye toward how building construction affects fire development.

The HAZWOPER Standard

The HAZWOPER Standard

This module provides introductory information on the Hazardous Waste Operations and Emergency Response (HAZWOPER) standard – 29 CFR 1910.120.

How First Responders Impact The Fire Investigation

How First Responders Impact The Fire Investigation

This module teaches first responders, including fire, police and EMS, how to make critical observations.

Ignitable Liquid Detection Canine Teams

Ignitable Liquid Detection Canine Teams

This module helps the investigator understand how IGL canine teams are trained and worked so investigators can work in partnership with the handler to conduct searches successfully and safely.

The Impact of Ventilation in Building Structures on Fire Development

The Impact of Ventilation in Building Structures on Fire Development

The program examines the importance of assessing the impact of ventilation on a fire.

Insurance and the Fire Investigation

Insurance and the Fire Investigation

This program discusses how to access insurance information, understand insurance documents, ask key questions of witnesses, and apply the information learned.

Introduction to Appliances

Introduction to Appliances

This module offers a basic introduction about how some selected major appliances operate.

Introduction to Evidence

Introduction to Evidence

This program introduces the fire investigator to the issues related to the collection, handling and use of evidence related to a fire investigation.

Introduction to Fire Dynamics and Modeling

Introduction to Fire Dynamics and Modeling

This program takes you inside the National Institute of Standards and Technology (NIST) archives of some of the most interesting and instructive test burns and fire model simulations they have ever conducted.

Introduction to Youth-Set Fires

Introduction to Youth-Set Fires

This program describes the scope of the youth-set fire problem, how fire investigation addresses it, and the fire investigator’s responsibilities in a youth-set fire case.

Investigating Fatal Fires

Investigating Fatal Fires

This module provides a thorough understanding of the ways an investigation changes when a fire-related death occurs.

Investigating Fire and Explosion Incidents Involving a Line-Of-Duty Death

Investigating Fire and Explosion Incidents Involving a Line-Of-Duty Death

This self-paced program will help you understand what to expect at a fire where an LODD has occurred, what your role is, how to interact with others, and how to handle special circumstances at the scene.

Investigating Motor Vehicle Fires

Investigating Motor Vehicle Fires

This program will introduce the fire investigator to the basic methodologies use to investigate vehicle fires.

Investigating Natural Gas Systems

Investigating Natural Gas Systems

This module discusses investigating a fire when natural gas is present, including natural gas as an ignition and fire spread source, documentation, and system testing.

Legal Aspects of Investigating Youth-Set Fires

Legal Aspects of Investigating Youth-Set Fires

This module discusses the juvenile justice system, legalities of interviews and interrogations, arson statutes, search and seizure, and confidentiality.

Lithium-Ion Battery Fires

Lithium-Ion Battery Fires

This program explains what lithium-ion batteries are, how they are constructed, where they are used, safety concerns, and how they can cause fires and explosions.

MagneTek: A Case Study In The Daubert Challenge

MagneTek: A Case Study In The Daubert Challenge

This program discusses the latest developments in expert testimony under the Daubert standard, including the MagneTek case decided in the United States Circuit Court of Appeals.

Managing Complex Fire Scene Investigations

Managing Complex Fire Scene Investigations

This module focuses on how to manage investigations that have “complicating” factors.

Motive, Means, and Opportunity: Determining Responsibility in an Arson Case

Motive, Means, and Opportunity: Determining Responsibility in an Arson Case

This module uses the Motive, Means, and Opportunity case study to demonstrate how responsibility is determined in an arson case.

Motor Vehicles: The Engine and the Ignition, Electrical, and Fuel Systems

Motor Vehicles: The Engine and the Ignition, Electrical, and Fuel Systems

This program covers the general anatomy of a motor vehicle and a description of typical components of the engine, electrical, ignition, and fuel systems.

Motor Vehicles: Transmission, Exhaust, Brake, and Accessory Systems

Motor Vehicles: Transmission, Exhaust, Brake, and Accessory Systems

This program describes the function and major components of a motor vehicle’s transmission, exhaust, brake, and accessory systems.

NFPA 1033 & 921: 2022/2021 Editions Important Updates

NFPA 1033 & 921: 2022/2021 Editions Important Updates

This module discusses the highlights of important changes in these new editions and their implications for fire investigation.

NFPA 1033 and Your Career

NFPA 1033 and Your Career

This module educates the investigator about NFPA 1033’s importance, its requirements, and how those requirements impact the fire investigator’s professional development.

Personal Protective Equipment for Post-Fire Scenes

Personal Protective Equipment for Post-Fire Scenes

This module is “PPE 101” for all personnel who operate at post-fire scenes.

Photovoltaic Cells & Systems

Photovoltaic Cells & Systems

This module discusses how photovoltaic systems work, how they are designed and installed, and how to safely interact with them when investigating a fire scene.

Physical Evidence at the Fire Scene

Physical Evidence at the Fire Scene

The program illustrates for the fire investigator, how non-traditional fire scene evidence can be helpful during an investigation.

Postflashover Fires

Postflashover Fires

This module describes ventilation-controlled fire flow and interpretation of postflashover fire damage patterns.

The Potential Value of Electronic Evidence in Fire Investigations

The Potential Value of Electronic Evidence in Fire Investigations

This module demonstrates the investigative potential of information stored on electronic devices.

The Practical Application of the Relationship Between NFPA 1033 and NFPA 921

The Practical Application of the Relationship Between NFPA 1033 and NFPA 921

This module explains the relationship between NFPA 1033 and NFPA 921.

Preparation for the Marine Fire Scene

Preparation for the Marine Fire Scene

This module lays the groundwork for understanding marine fires by covering four basic concepts that the investigator must understand before investigating a marine fire.

Preventing Occupational Exposures to Carcinogens at the Fire Scene

Preventing Occupational Exposures to Carcinogens at the Fire Scene

In this module, you will learn more about how cancer develops, what occupational exposure risks to carcinogens exist at fire scenes, and how to better protect yourself against those exposures.

Process of Elimination

Process of Elimination

The use of the process of elimination in the determination of a fire cause is a topic that has generated significant discussion and controversy in the fire investigation profession.

Residential Electrical Systems

Residential Electrical Systems

This module teaches the basics of the electrical power generation, distribution, and transmission system.

Residential Natural Gas Systems

Residential Natural Gas Systems

This module presents the basics of natural gas and its uses and system components in a residence.

The Scientific Method for Fire and Explosion Investigation

The Scientific Method for Fire and Explosion Investigation

The basics of the scientific method are deceptively simple: observe, hypothesize, test, and conclude.

Search and Seizure

Search and Seizure

This module explains the principles of search and seizure under the Fourth Amendment, as contained in the amendment and according to subsequent case law and applies them to typical fire scene scenarios.

Site Safety Assessment

Site Safety Assessment

This module describes how to conduct a site safety assessment, identify potential hazards, craft a plan to mitigate risks, and act so you do not bring the hazards home.

Thermometry, Heat, and Heat Transfer

Thermometry, Heat, and Heat Transfer

This module addresses the foundations of thermometry, including the definition of temperature, the scales used to measure temperature and much more.

Understanding Fire Through the Candle Experiments

Understanding Fire Through the Candle Experiments

This program presents the results of flame experiments conducted with a candle.

Understanding the Fire Investigator’s Job: A Guide for Non-Investigators

Understanding the Fire Investigator’s Job: A Guide for Non-Investigators

This self-paced program explains to non-investigators the role of the fire investigator, what the fire investigator does, how the fire investigator is trained, what qualifications the fire investigator must meet.

Understanding Undetermined

Understanding Undetermined

This program untangles the meanings of “undetermined,” explains its correct usage, and describes how to properly report “undetermined” fire cause and classification.

Using Resources to Validate your Hypothesis

Using Resources to Validate your Hypothesis

This module will advise fire investigators on how to approach the fact-finding procedures necessary and validate a hypothesis.

Vacant and Abandoned Buildings: Hazards and Solutions

Vacant and Abandoned Buildings: Hazards and Solutions

This module provides an overview on how structures can become vacant and eventually abandoned.

What the Insurance Professional Needs to Know About Fire Investigation

What the Insurance Professional Needs to Know About Fire Investigation

This self-paced program provides a basic framework for structuring the management of fire cases and fire investigators.

Wildland Fires Investigation

Wildland Fires Investigation

This module illustrates how wildland fires spread, explains how to interpret burn patterns unique to these types of fires.

Writing the Initial Origin and Cause Report

Writing the Initial Origin and Cause Report

This module presents the key elements of the initial origin and cause report and methods of clearly presenting findings in a professional manner.

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