Tips and Strategies to Improve Your Depositions
When you're involved in a lawsuit, there's a good chance you'll have to take part in a deposition. This is a formal process where one parties have an opportunity to question the other through their attorneys under oath in front of a court report.
Depositions can be intimidating, but they don't have to be. This guide will tell you everything you need to know about depositions so that you can feel prepared and confident going into your deposition. From what a deposition is to how to prepare for one, you'll have all the information you need to make the most of your deposition experience.
Plus, if there are any questions that we haven't answered here, don't hesitate to reach out to us for help! We're always happy to answer any questions our clients may have.
What is a Deposition, and How Do I Prepare?
A deposition is a formal process where one party to the lawsuit questions another party under oath. The parties can also depose other witnesses, including fact and expert witnesses as well. The purpose of a deposition is to gather information that can be used in court.
Often times, a deposition is required in cases involved in litigation. There are some things you can do to prepare for the process.
It is important to understand what a deposition is and what its purpose is. This will help you understand the process and know what to expect.
Also, you should meet with your attorney - the attorney will make you feel confident about the process and what you can expect. Keep in mind that a deposition is not a trial. It's simply an opportunity for the other side to gather information. As long as you're prepared, there's no need to be nervous.
What is the Purpose of a Deposition?
A deposition is not a trial. It's simply an opportunity for the other side to gather information under oath. It is usually held in a conference room. At Chaz Roberts Law, our clients are typically deposed in our conference room.
The purpose of a deposition is to allow the other side to ask you questions under oath. This gives them a chance to gather information about your version of events of the accident, your medical treatment, your current pain levels, your prior medical treatment and medical conditions, etc.
The deposition also allows the other side to see how you'll react under pressure. If you get flustered or angry, they may use this against you later on.
For example, if you're asked a question that you don't know the answer to, don't try to guess. Just say that you don't know.
The key to every deposition is truthfulness. You should always tell the truth in a deposition. If you're not sure about an answer, be honest and say that you don’t know or don’t remember. This is not a guessing game.
Top five rules for surviving a deposition
Here are the top five rules for surviving a deposition - By following these rules, you'll be better prepared for your deposition and you'll have a better chance of coming out unscathed.
1. Be honest
This is the most important rule. You're under oath, so if you lie, you could be charged with perjury. Even if you're not charged, your lies could come back to haunt you later in the case.
2. Listen carefully to the question
Make sure you understand what is being asked before you answer. If you're not sure, ask for clarification or ask that the question be asked another way.
3. Don't speculate
If you don't know the answer to a question, say so. Don't try to guess or fill in the blanks.
4. Don't argue with the questioner
There's no point in getting into a argument with the other side. Just answer the questions and move on. The other attorney has a job to do as well. It’s not personal.
5. Stay calm
This is probably the hardest rule to follow, but it's important. If you get rattled, you're more likely to make a mistake. Take a deep breath and stay focused.
Do You Have to Answer All Questions in a Deposition?
Since depositions are for discovery purposes, meaning - they are used to gather information which may be relevant to the case, attorneys are given wide latitude to ask questions. However, there are some exceptions.
For example, if the question is completely irrelevant to the case, the attorney may object - and after some discussion, you may not have to answer it. Listen to your attorney, and he or she will direct you on whether to answer a question.
There are some questions that are off limits completely, such as attorney-client privileged information - meaning things you discuss with your attorney. A good attorney will timely object to these questions and instruct his or her client not to respond.
What Happens if You Refuse to Answer a Question in a Deposition?
If you refuse to answer a question in a deposition, the other side can ask the court to compel you to answer. If the court sides with the other side, you'll be ordered to answer the question.
However, if you have a valid reason for refusing to answer, the court may not order you to do so.
If you're not sure whether you should answer a question, you can always ask for advice from your attorney.
What Happens if You Lie in a Deposition?
If you lie in a deposition, you could be charged with perjury. However, the more common problem is that a lie comes back to bite you later on in the case. For example, if you state that you never treated for back pain before the collision, and the defense lawyer finds records of extensive back treatment, your credibility has been lost. The defense lawyer will portray you as a liar and cannot be trusted to a judge or jury.
Bottom line: It's always best to tell the truth in a deposition. If you don't know the answer to a question, just say so. Don't try to guess or make up an answer.
What Should You Bring to a Deposition?
Be prepared for your deposition by bringing the following items:
Your driver's license or other photo identification';
A small snack; and
A good attitude
I always recommend that our clients have a good night sleep, and a good breakfast on the day of deposition. Just like before a big exam, you want to be your best.
If you're not sure whether you should bring something to a deposition, ask your attorney. He or she will be able to guide you and tell you what you need to bring.
What Happens After the Deposition?
After the deposition is over, both sides will usually take a few weeks to receive and review the transcript. This is a transcript of everything that was said during the deposition.
The attorneys will highlight any important passages and then discuss them with their clients. This is the time to identify any discrepancies or inconsistencies in the testimony.
We have had many cases that settle after a deposition because both sides will have enough information to appropriately value the case.
If you have any questions about the deposition process, don't hesitate to ask your attorney. He or she will be able to guide you and answer any of your questions.
Are you looking for legal representation?
If you have the right attorney by your side to prepare you, that will maximize your chances for a successful deposition. Here at Chaz Roberts Law, we’ve helped our clients navigate many depositions. We pride ourselves on client preparation, and we meet individually with every client before a deposition occurs. We will meet with you as long as necessary to answer any and all questions you may have before your deposition.
So, if you have been involved in an accident or are considering a lawsuit of any kind, call or text us today at 337-504-3202, or shoot us a DM on your favorite social media platform for your free, completely confidential consultation.
