TIPS FOR DEPONENTS IN CIVIL CASES

Depositions are  important discovery tools in litigation.  In a deposition,  a party or witness will be  called to answer under oath questions relating to the case.  All questions and answers are recorded by a court reporter who then prepares a written transcript.  The reporter then provides copies of the transcript to the parties. Depositions 'freeze' the testimony of  witnesses. In trial a deposition can be used against the witness if the court testimony  varies from the one given at the deposition.

If you are called  as witness in a deposition here are some tips to help you understand the process and deliver a proper testimony:

• Always tell the truth.
• Do not memorize answers; at the end you will probably forget and get confused.
• If you are uncertain about an answer say so.
• Answer a question once you understand it; listen carefully and stop; avoid volunteering information that is not specifically  requested.
• Avoid speaking in general terms; review beforehand all dates, places an people involved so that you can be specific when asked to do so.
• Do not supply information not requested; avoid volunteering information.
• Do not guess; if you don't know the answer or remember  say so.
• Be polite and dress neatly. You will be under constant evaluation by opposing counsel.
• Do not interpret  silence   in response to your answer  as dissatisfaction or request for more information by opposing counsel.
• Speak up and slowly so that the record can be transcribed properly.
• There is nothing wrong to admit that you had previous meeting with your lawyer about the case. 
• If asked by opposing counsel whether you know of anything else that has not been  discussed regarding the claim simply state that you cannot remember everything but will gladly answer specific questions.
• Avoid being calculating or trying to look for traps or underlying meanings to  questions; leave that to your attorney.
• Be vigilant for loaded questions (those that already assume an answer); compound (multiple questions in one) or double negative questions.  In such cases request clarification.