Every lawsuit involves a deposition. If you are called upon to give a deposition, here are some deposition tips that will prove helpful. A deposition is not a conversation, nor an opportunity to exchange information. It is a legal duty which requires that the deponent truthfully answer the questions put to him or her, and no more. The examiner is the enemy, entitled to truthful answers, best recollections, and civility, but not education. Your attorney’s role is to defend the deponent (you) and represent your interests, not to tell you the correct answer.
Only respond to a question you both hear and understand. If not, ask to have the question repeated or rephrased.
Do not volunteer information; answer only the question put to you. For example, unless you know what time it is without looking at your watch, the answer to the question "What time is it?" is "I don't know," even though one could easily glance at the watch.
Only one person speaks at a time, and the deponent (you) is the first to be silent.
Don't be afraid to respond "I don't know." During the preparation all the knowledge you need will be covered.
Don't assume. You know the cliche; if the question is incomplete, say so, but don't cure the deficiency.
Base testimony only on recollection, not guesswork or speculation, nor your best estimate, unless it's asked for.
If you're asked to review a document, do so thoroughly. The questioner is undoubtedly as familiar with it as you.
Always, always, always, tell the truth! No one knows more about falsehoods than lawyers (little wonder!). Don't think that you can deceive them. The sacrifice of your integrity, and the potential, damage to your case simply are not worth it.
Don't argue with the questioner; that's your lawyer's job.
Don't play lawyer. You are the deponent; answer the questions you hear and understand. Don't try to figure out the strategic impact of the question, or where the questioner is going. It's hard enough to respond to the questions. These other issues will be handled during the preparation.
Answer all questions audibly. The reporter cannot report gestures, nods, grunts or moans.
If you become tired, confused, or feel you need a break for any reason, ask for a break.
If your lawyer leaves the room during a break, you should do so as well.
Do not discuss the substance of the case unless you are on the record. Do not discuss the case in the hallways or the restroom.
The above deposition tips are brought to you by Los Angeles personal injury attorney James Sadigh. James Sadigh has a long and proven record of winning cases for victims of car accidents, dog bites, slips and falls, wrongful termination and other mishaps that can be proven to be the result of someone else’s negligence or malfeasance.
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