Procedure: So you have a deposition scheduled? What's a Deposition?
In lawsuits, parties are entitled to take the deposition of another party. Or, a non-party can be subpoenaed to offer deposition testimony. Regardless of how, you will be required to attend your deposition in person or, if approved, by remote means. Never ignore a demand to appear for a deposition.
A deposition is a formal process where you, often called a witness and/or a deponent, will be asked questions under oath by the opposing counsel. The answers you provide will be recorded and may be used in court. Understanding the significance of a deposition and being adequately prepared can significantly influence the outcome of your case.
How the deposition proceeds may vary depending on your attorney's style, and how the attorney may interpret your ability to effectively provide testimony. Our general practice is to assess the client's personality and specific needs. Nervousness is to be expected, but complex litigation issues or presentation of multiple documents will likely result in more preparation, practice, and possibly a mock deposition.
1. Understand the Process
Firstly, it's important to understand what a deposition entails. It's essentially a question-and-answer session conducted by the opposing lawyer, with your lawyer present to object to inappropriate questions if necessary. The deposition will be recorded by a court reporter, and possibly video-recorded. Your testimony is given under oath, just as if you were testifying in court.
2. Review Relevant Documents
Prior to your deposition, you should review all relevant documents related to the case. These could include contracts, correspondence, emails, financial records, and any other materials that pertain to the matter at hand. Familiarizing yourself with these documents will help you recall details more accurately during the deposition. Generally, your attorney will discuss the documents that might be presented to you at the deposition.
3. Practice Your Testimony
We can schedule a preparation session where we will practice the types of questions you can expect. It's crucial to answer questions truthfully but also concisely. If you do not understand a question, it is perfectly acceptable to ask for clarification. If you do not remember something, saying "I don't recall" is a perfectly valid response. The level of preparation generally depends on the time and expense you are willing to invest in your case.
4. Tips for Your Deposition Day
Please refrain from discussing the details of your case or deposition preparation with anyone other than your legal team. Sharing sensitive information could undermine our strategy and negatively impact your case.
6. Questions and Concerns
If you have any questions or if there are specific areas of concern you would like to address in your preparation, reach out to your attorney to ensure they are aware of your concerns. Your attorney's goal should be to ensure that you feel fully prepared and confident going into your deposition.
In lawsuits, parties are entitled to take the deposition of another party. Or, a non-party can be subpoenaed to offer deposition testimony. Regardless of how, you will be required to attend your deposition in person or, if approved, by remote means. Never ignore a demand to appear for a deposition.
A deposition is a formal process where you, often called a witness and/or a deponent, will be asked questions under oath by the opposing counsel. The answers you provide will be recorded and may be used in court. Understanding the significance of a deposition and being adequately prepared can significantly influence the outcome of your case.
How the deposition proceeds may vary depending on your attorney's style, and how the attorney may interpret your ability to effectively provide testimony. Our general practice is to assess the client's personality and specific needs. Nervousness is to be expected, but complex litigation issues or presentation of multiple documents will likely result in more preparation, practice, and possibly a mock deposition.
1. Understand the Process
Firstly, it's important to understand what a deposition entails. It's essentially a question-and-answer session conducted by the opposing lawyer, with your lawyer present to object to inappropriate questions if necessary. The deposition will be recorded by a court reporter, and possibly video-recorded. Your testimony is given under oath, just as if you were testifying in court.
2. Review Relevant Documents
Prior to your deposition, you should review all relevant documents related to the case. These could include contracts, correspondence, emails, financial records, and any other materials that pertain to the matter at hand. Familiarizing yourself with these documents will help you recall details more accurately during the deposition. Generally, your attorney will discuss the documents that might be presented to you at the deposition.
3. Practice Your Testimony
We can schedule a preparation session where we will practice the types of questions you can expect. It's crucial to answer questions truthfully but also concisely. If you do not understand a question, it is perfectly acceptable to ask for clarification. If you do not remember something, saying "I don't recall" is a perfectly valid response. The level of preparation generally depends on the time and expense you are willing to invest in your case.
4. Tips for Your Deposition Day
- Be punctual: Arrive at the location of your deposition well ahead of time. This will allow you to settle in and be calm before the deposition starts.
- Dress appropriately: Wear business attire, as if you were going to a job interview. This shows respect for the process and can also affect how you are perceived.
- Listen carefully: Listen to each question carefully before answering and never interrupt the person asking the question.
- Stay calm and composed: It’s important to stay calm, even if the questioning feels aggressive or invasive. A tactic of opposing counsel might be to confuse you or "shake you up" so that your testimony appears inconsistent. Keeping your composure will help you think clearly and respond appropriately.
- Speak clearly: Answer verbally with “yes” or “no” instead of nodding or shaking your head. Remember, the court reporter needs to record your answers accurately.
- Listen to the Questions: A common mistake by a wintess new to depositions is the belief that an answer must educate the attorney asking the questions. The objective of a deposition is to answer questions, not provide answers you believe will help clarify your answers. If a question asks for a "yes" or "no," do not explain the answer unless asked to do so. If you are concerned about your response or get confused, it is best to ask if you can pause the deposition and speak with your attorney in private.
- Take your time: It's important to take a moment to think about your answer before speaking. This ensures that you provide a thoughtful, accurate response. We encourage clients to take a breath before answering, often providing enough time to process the question, formulate an answer, and still proceed without delas.
Please refrain from discussing the details of your case or deposition preparation with anyone other than your legal team. Sharing sensitive information could undermine our strategy and negatively impact your case.
6. Questions and Concerns
If you have any questions or if there are specific areas of concern you would like to address in your preparation, reach out to your attorney to ensure they are aware of your concerns. Your attorney's goal should be to ensure that you feel fully prepared and confident going into your deposition.