depo guide

 

 

 

YOUR DEPOSITION

 

INTRODUCTION
Your deposition, properly given, can go a long way to assisting your attorney in handling your litigation, either by way of settlement or at the trial. What you do at the deposition can help or hurt you, depending upon your attitude, truthfulness and appearance.

WHAT IS A DEPOSITION?
A deposition is the taking of testimony under oath. It is just like trial testimony, except that it is not taken in court and there is no judge or jury present. Your testimony at a deposition becomes a permanent part of the record of your case. Depositions are taken in order to find out what witnesses know and to establish as many facts as possible before trial.

WHAT HAPPENS AT A DEPOSITION?
You will be asked questions about yourself and the facts in your case by the attorney or attorneys for the other parties in your case and, in some cases, your own attorney. The questions and your answers will be taken down by an official court reporter. After the deposition, the reporter will reduce the testimony to a written transcript and it will become a permanent record in your case. If your attorney tells you that your deposition will be video taped, there will also be a camera recording the proceedings. If it will be taped, you should no wear white clothes, as they tend to not photograph well.

WHAT SHOULD I WEAR?
You should remember that usually the first opportunity that the opposing attorney has to see you comes at the time of the giving of your deposition. First impressions are important. You should strive to make a good impression upon the opposing lawyer and his or her client, and you should appear at the deposition dressed as you would expect to dress if you were actually going to court to appear before the judge or jury.

• Dress Conservatively, i.e., customary street clothing.

• Avoid extreme styles of clothing, etc.

• Small children who are not a party to the lawsuit should no be brought to the deposition unless requested to do so by your attorney.

• Treat all persons in the deposition room with respect.

• Come prepared to exhibit any and all injuries that you have suffered.

• Have with you the facts and figures with respect to your time lost from work, amount of wages lost, doctor bills, hospital bills, and all other facts with respect to the damages caused as a result of your injury.

• Consider this an important and solemn occasion and avoid "getting chummy" with the opposing lawyer or his or her client.

DO'S AND DONT'S

DO take your time. No need to rush.

DO speak clearly.

DO relax.

DO answer all questions directly, giving concise answers to the questions, and STOP TALKING.

DO answer all questions audibly, i.e., do no answer by gesturing.

DO stick to the facts, and testify to only that which you have personal knowledge of. Do testify only to "basic facts," and do not attempt to give opinions of estimates of time and distance unless you have good reasons for knowing such matters.

DO NOT attempt to justify or apologize for your answer.

DO NOT lose your temper.

DO NOT answer any questions that you do not understand, ask that it be explained.

DO NOT volunteer any information. Wait until the question is asked-answer it and stop. If you can answer "yes" or "no", do so, and stop.

DO NOT promise to "find out" information that you do not have on hand unless your attorney advises it.

DO NOT reach in your pocket for your social security card or other documents unless your attorney advises it.

DO NOT magnify your injuries or losses. Be conservative with respect to a description of your injuries. Adopt an unexaggerated attitude toward your injuries, but be sure to be complete.

DO NOT overlook any injuries or complaints.

DO NOT try to be a comedian.

DO NOT try to "yes-but." Give the explanation first.

DO NOT try to memorize your story. Justice requires only that a witness tell his or her story truthfully and to the best of his or her ability.

 

WHAT SHOULD I TELL THEM?
TELL THE TRUTH! The truth will never really hurt your case. It may be necessary to explain some things that are true, but it is impossible for your attorney (or you) to explain why a client lied or concealed the truth. Do not try to determine whether a truthful answer will help or hinder you case. It is your lawyer's job to deal with the facts in your case. You will only hurt your case by trying to do your lawyer's job.

WHAT IF I DON'T KNOW THE ANSWER?
If you don't know, admit it. Never state as a fact things you don't know for sure are true. If you do not know the answer to a question, you should say "I don't know." You may feel that this will make you appear ignorant or evasive, but remember that if you try to estimate or guess and are later proved to be wrong, it will look like you deliberately told a lie or that you don't know what you are talking about. Remember that no one knows everything!

WHAT IF MY ATTORNEY MAKES OBJECTIONS?
If your attorney begins to speak, stop whatever answer you may be giving and allow him or her to make a statement. If he or she is making any objection to the question that is being asked of you, do not answer the question until after the objection is made and he or she advises you to go ahead and complete your answer. If you attorney tells you not to answer a question, then you should refuse to do so.

WILL THE OTHER ATTORNEY TRY TO MAKE ME NERVOUS OR ANGRY?
Do not let the opposing attorney get you angry of excited. This destroys the effect of your testimony and you say things that may be used to your disadvantage later. Under no circumstances should you argue with the opposing attorney. Give him or her only the information which you have. That is all the other attorney is entitled to. Give information in the same tone of voice and manner that you do in answer to your own attorney's questions. The mere fact that you get emotional about a certain point could be you opponent's advantage in a lawsuit.

CONCLUSION
REMEMBER, perhaps the most important aspect of your lawsuit is you and the appearance of earnestness, fairness and honesty, and if, in giving your deposition, you keep in mind the suggestions made here, you will be taking a great stride toward successful and satisfactory completion of the litigation in which you are involved.