In a
deposition, you, the deponent, answer under oath questions asked of you by a
lawyer, the examiner, usually relating to a pending civil lawsuit. For example, maybe you witnessed a car accident, or worked with someone suing an employer, or have knowledge about a business dispute. You may be required to share what you know with one side or the other in a related lawsuit. Same goes if you are a party to a lawsuit. Depositions can last hours or days., depending on the issues. How does it work?
An officially recognized court reporter is
present at the office or conference room to record your answers and upon request (and payment of a fee) produce
a written transcript of your testimony for use by others later in the case
including at trial. Most often
deposition transcripts are used at trial to try to show you are fabricating or
mistaken about your testimony, even if neither is the case. They are used in pre-trial matters like motions to help argue for or against a point of fact or law. Accordingly, the goal of the deponent should
be truthfully to answer questions (without giving unnecessary information). Here are some things you should and should
not do:
You
should:
- answer truthfully
- speak slowly and clearly
- leave room for nervous omissions, mistakes or faulty
memory where appropriate, such as "at this time," "right
now," "as I recall," "off the top of my head," "I
do not remember all the details right now," and the like (especially with
questions asking you to list or detail something)
- answer verbally (so the reporter can hear and take down
your answer)
- let the examiner finish his/her question before
answering
- repeat the question in your mind before answering
- answer "I don't recall," "I don't
remember," or "I don't know" if that is the case, and leave it
at that
- take a break (while a question is not pending) if you
wish to use the restroom, compose your thoughts, talk to your lawyer, etc.
- review interrogatory and other sworn or recorded
responses or statements already provided by you before the deposition.
You
should not:
- repeat yourself
- explain an answer unless asked to do so
- fill in “awkward silences” with unnecessary testimony
-volunteer anything, or offer to get or look for anything
or talk to any person. Do not refer to
or mention anything or any person you do not wish to produce or identify unless
required
- bring anything to the deposition unless you clear it
with your lawyer first
- anticipate the question, or what you think might be the
"real" question
- give non-verbal cues (fidgeting, frowns, grimaces,
smiles)
- talk about anything you and your lawyer have discussed
- ramble on or add unnecessary afterthoughts (and most are)
- argue, be cute or tricky, use profanity or sarcasm
- answer a "yes" or "no" question any
other way
- apologize for an honest answer. The truth never changes, so stick to it.
* * *
Thanks for sharing such a great piece of content. It really helps me and clears so many thoughts running in my mind. Besides, I'm from Pakistan and curious to know
ReplyDeleteCash for Cars Logan