Depositions ( Part 1 of 2) Video
Summary: Help on understanding what is a deposition and how to act while getting deposed.
In the beginning of litigation your deposition is the first you will probably testify under oath in reference to the facts of your case. This step and case discovery often forms the basis for settlement. You cannot take your deposition lightly. Preparation is essential.
Opposing counsel has a right to take your deposition. That attorney’s purpose is to understand what you know about the issues surrounding the case for preparation for trial and determine the strength or weakness of your position and knowledge. The opposing attorney may be using this technique to try to discover as much as possible about the facts. This, however, may also be an occasion observe you testifying under and determine your strengths and weaknesses under oath. Any statements you make under oath while at trial and are contrary to what you have said under oath at your deposition can be used to “impeach your credibility.”
It is important to disclose any potential weaknesses or possible defenses to your attorney. If your lawyer foes not have this information before the deposition they will not have the opportunity to prepare and prepare you and your deposition could go bad.
You must assume that the attorney conducting the deposition knows all of the potential problems in your case. Full disclosure to your attorney is always the best way to proceed. Your deposition begins with a court reporter taking your oath that you will tell the truth. The opposing attorney that has requested ¬your deposition will ask questions and your answers will be taken down by the court reporter. There is no judge present at a deposition and there is no way to get a ruling on whether a question is objectionable.
