Depositions (Part 2 of 2) Video
Summary: Helpful hints about depositions and how to act during one.
At your deposition be careful not to tell the opposing attorney everything you know about your case. You should answer the questions which the other side asks and be as brief as possible. Be careful not to volunteering information. If you are not asked about a matter, don’t bring it up.
The role your attorney is limited at your deposition, Here are some general guidelines for your conduct during your deposition. Most important factor is follow the advice and instructions of the lawyer representing you during you case and attending the deposition.
Always tell the truth and listen to the question with no more or no less information given. Please resist the temptation to be helpful or get out your side of the story. Do not answer the question until you have heard it completely and think about your answer before you respond. Your should not make up an answer, guess, speculate, and do not be afraid to say that you don’t remember, if in fact you do not remember. Also, do not argue with the examining attorney.
If the deposing attorney is referencing a marked document please read it before testifying. Do not make any comments whatsoever about the document, except in answer to a question that elicits your testimony. If information is in a document that is not an exhibit at the deposition, answer the question only if you can recall the answer.
Do not let the attorney put words in your mouth. Do not accept the examiner’s characterization of time, distance, personalities, events, etc. Rephrase the question into a sentence of your own, using your own words.
If your attorney objects please, listen to the objection very carefully. You may get insight about something about the question and how it should be handled from the objection. Avoid any attempt at humor or telling jokes these will mostly backfire and make you look bad.
Read your complaint or your case before your deposition. You need to understand how you would prove all of the facts which you have alleged in your complaint. You also should understand the legal theories.
You may ask for a break if you need one. If you want to consult with your attorney, just ask for a break and then go to a private area and talk in private. Get plenty of rest, eat light before your deposition and listen to your attorney.
