GET READY FOR A DEPOSITION

Overview

A deposition is a formal process where you provide sworn testimony outside of court, typically in a lawyer’s office, as part of the discovery phase of a lawsuit. Your statements are recorded and can be used as evidence. Preparation and conduct are crucial to protect your interests and credibility.

1. Before the Deposition

Understand the Process

• Know the purpose: Depositions gather information, clarify facts, and assess witness credibility.

• Recognize the setting: Usually held in a conference room with attorneys, a court reporter, and possibly a videographer.

Consult with Your Attorney

• Meet with your attorney to review the case, discuss possible questions, and clarify the deposition’s objectives.

• Conduct mock depositions to practice answering questions calmly and accurately.

Review Case Materials

• Study all relevant documents, such as contracts, emails, and prior statements.

• Refresh your memory on key facts, dates, and events4.

• Identify and discuss any potential weaknesses or sensitive issues with your attorney.

Organize Documents

• Gather and organize all documents you may need to reference.

• Highlight important sections and discuss their significance with your attorney.

Prepare Logistically

• Confirm the date, time, and location with your attorney.

• Ensure you know how to get there and plan to arrive early.

• Dress professionally and comfortably.

2. General Rules During the Deposition

Answer all questions with Yes or No

Never say un-huh or huh-hu because your answer will be unclear on the record.

Tell the Truth

• Always answer questions truthfully. Lying under oath is perjury.

Listen Carefully

• Do not answer until the entire question has been asked.

• Pause before answering to ensure you understand and to allow your attorney to object if necessary.

Answer Only the Question Asked

Only respond after the attorney is finished asking the question. You can count – one – two, then answer. If you are speaking at the same time as the attorney someone will not be heard.

• Respond directly and concisely—do not volunteer extra information.

• If you do not understand a question, ask for clarification.

• If you do not know or do not remember, say so—do not guess or speculate.

Stay Calm and Professional

• Remain polite and respectful, even if provoked.

• Do not argue or become defensive with the questioning attorney.

• Take breaks if you need them—consult your attorney privately if necessary.

Watch for Trick Questions

• Be alert to compound questions (two questions in one), questions that assume facts not in evidence, or summary questions that try to box you in.

• Discuss with your attorney how to handle these in advance.

3. Communication Techniques

Be Clear and Consistent

• Use simple, direct language.

• Avoid jargon unless necessary, and explain if asked.

• Keep your answers consistent with prior statements and documents.

Do Not Guess or Speculate

• If you do not recall, say “I do not recall” or “I do not know”.

• Never try to fill gaps with assumptions.

Do Not Volunteer Information

• Only answer what is specifically asked.

• Do not elaborate unless requested by your attorney.

4. Handling Documents and Exhibits

Review Documents Carefully

• If shown a document, read it thoroughly before answering questions about it.

• Do not authenticate or comment on documents you do not recognize or remember.

Ask to See Documents

• If a question refers to a document, request to see it before answering.

5. During the Deposition: Practical Tips

• Take your time—there is no rush to answer.

• If you need a break, request one, but do not discuss the case with anyone during the break unless permitted by your attorney.

• If your attorney objects, stop and wait for further instructions.

• Stay focused on the question, not on what you think the opposing attorney is trying to accomplish.

6. After the Deposition

• Review the transcript for accuracy if given the opportunity.

• Discuss with your attorney any concerns or follow-up actions.

Final Reminders

• The deposition is not a conversation; it is a formal legal proceeding.

• Your answers can and will be used in court, so accuracy and caution are essential.

• Preparation with your attorney is the best way to ensure you are ready for any question or tactic.

By following these comprehensive instructions, you will be well-prepared to handle your deposition confidently and effectively.