To obtain specific answers, you cannot accept sim-ple answers to the important questions. Start out broadand narrow it down. If the plaintiff’s attorney objects,then remind him or her of the usual stipulations, whichallow your questions. As long as you are asking aboutallegations made in either the complaint, or the bill ofparticulars, then you have every right to ask the ques-tion. To protect yourself, bring the judge’s phone num-ber with you to the deposition. An attorney who knowsthat he is obstructing a legitimate question will notwant to have to deal with the judge. If you are willingto fight for your rights, then your opponent will usuallyback down. Do notbother the judge if you have anydoubts about whether or not you are right.
the questions that can be asked.10 The de-ponent and defending counsel, opposing counsel, and transcriptionist typically at-tend the deposition. To help you prepare appropriately, confi rm with your defense counsel if other attorneys or the plaintiff will be present. Not-so-hidden agendas. The plaintiff’s attorney’s primary goal is to gather as
So if admissions are the golden nuggets of the plaintiff’s deposition, how best to mine them? By fol-lowing three simple rules (1) ask leading questions; (2) ask only one fact per question; and (3) sequence ques-tions from general to specific facts. 1. Leading Questions. Admissions in a deposition are gained primarily through leading questions.
If your deposition is only recorded orally there will be a record of how long you took to answer a question. So, take a second and collect your thoughts before giving an answer. Use that time to prepare an answer. Your case will be stronger for your having done so. Ask the attorney to rephrase the question if you do not understand it
A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit. Depositions are extremely useful tools for gathering evidence, because they allow a witness' testimony to be …
How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.Feb 21, 2020
You should not ask only leading questions at a deposition. In some jurisdictions it may be considered improper as to form to ask leading questions at a deposition. That aside, leading questions are great for getting commitments but they do not serve the other purpose – getting discovery.Sep 24, 2013
Deposition TipsBe prepared. ... Think before answering. ... Never volunteer information. ... Make sure you understand the question. ... You must tell the truth. ... Don't get rattled or upset. ... Don't guess. ... If you do not remember, say so.More items...
Ask the court reporter if s/he is ready.State in a loud, clear voice that the deposition is beginning.Identify by name and connection to the case, everyone who is in the room. ... Ask the notary public to swear in the witness.Ask the witness to state his or her name and spell it.More items...
The Three Most Common Objections Made During Trial TestimonyHearsay. A common, if not the most common trial objection to a trial testimony objection is hearsay. ... Leading. A close second objection is to leading questions. ... Relevancy. The last of the three (3) of the most common objections is relevancy.
Cross-examination is generally limited to questioning only on matters that were raised during direct examination. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination.Sep 9, 2019
What follows are numerous points or rules to keep in mind throughout the deposition.Tell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...
Deposition questions vary on a case-by-case basis, but introductory, background and deposition preparation questions are fairly standard across the board....Basic Background QuestionsWhat is your full name?Have you ever used any other names? ... Do you have any nicknames? ... What is your date of birth? ... What is your age?More items...•Mar 22, 2017
You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.
Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.Jun 7, 2019
Don't guess, speculate, or play a hunch. A deposition is sworn testimony; only say what you know to be true. On the other hand, don't use this tip to avoid giving testimony that you know. If you don't understand a question, ask for the questioner to rephrase it.
At a deposition of a witness or defendant called by a plaintiff's attorney, the plaintiff's attorney bears the burden of getting the information out of the deponent. The deponent is only obligated to answer the questions that are asked, and no more.
There are many factors that go into finding the right civil deposition attorney like education, experience, and any history of misconduct. That's why LegalMatch streamlined the entire process so you can find out everything you need to know to make the right decision for you.
A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit.
You will face hundreds of questions at your deposition. If prepared properly you will know all of the key points of your case. The rest of the questions are window dressing for the defense attorneys report to his client. So, it’s ok not to know the answers to some of those questions.
A deposition is the process in which a witness is asked questions under oath by an attorney. Testifying at a deposition is often a mysterious and nerve racking event for most people. To give a successful deposition it is important to understand a couple of things. First, you need to know what the defense attorney is trying to accomplish ...
Most defense attorneys have two main goals during a deposition. The first goal is to get your complete story.
Even a white lie can kill your case. Once you are caught in a lie your credibility is ruined. While the truth sometimes hurts a case, it is never as bad as a lie. Every case has a weakness, so we don’t run from them with a lie, we deal with them head on with the truth. 2) Do not guess at answers.
Nervousness, however, is normal and usually passes after a few minutes of questions. Don’t be afraid to be a little nervous. If you remember the defense attorney’s goals, review your case with your attorney and follow the four rules proposed here, your deposition will almost certainly be a success.
No other explanation is necessary. Always remember a deposition is not a trial. If your case goes to trial you will have an opportunity to tell your entire story through much friendlier direct examination by your attorney. 4) My fourth rule is to keep calm. Don’t get agitated by the defense attorney’s questions.
(Find out the specific documents reviewed, places visited and persons met with by the witness. This will show you what the witness or adverse party perceived as either their weakest or their most important topics, and also may lead to evidence you did not know existed.)
(Felony convictions and any convictions for moral turpitude are usually admissible for impeachment. Because this question may lead to admissible evidence, this question is a proper discovery question, even if the fact of an arrest is not admissible at trial. Incidentally, because this question is not expected, it shakes the adverse witness’s composure.)
That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.
That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.
The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.
Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.
Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.
The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.
He may not be able to ask that same question at trial, but during a deposition, it may be fair game. Even if he gets an answer to a strange question, again, it doesn't mean he'll be able to use it later on at trial. You need to know that during this pretrial question and answer session there are two types of questions which you should NEVER answer.