how to answer 2nd deposition plaintiff attorney

Who is the plaintiff in a discovery deposition?

Honest, skillful answers to 8 tricky deposition questions Rules of engagement. The plaintiff’s at-torney initiates the discovery deposition. Ground rules vary by jurisdiction, but in general the Rules of Civil Procedure give deposing counsel substantial latitude in the questions that can be asked.10 The de-ponent and defending counsel, opposing

Can opposing counsel question you about your office documents during deposition?

The plaintiff’s attorney initiates the discovery deposition. Ground rules vary by jurisdiction, but, in general, the Rules of Civil Procedure give deposing counsel substantial latitude in the questions that can be asked. 10 The deponent and defending counsel, opposing counsel, and transcriptionist typically attend the deposition.

What are the rules of civil procedure for depositions?

Perform 1 of these reviews just before the deposition. 3 Having the details fresh in mind will help you if opposing counsel mischaracterizes information when questioning you. Meet with your attorney. Insist on at least 2 predeposition conferences with defense counsel.

What is a deposition in a lawsuit?

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 entered into the record, under oath ...

What is the best way to answer a question in a deposition?

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

How do you answer difficult deposition questions?

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...

How do you ace a deposition?

9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...

How do you write a deposition question?

A deposition is a process whereby witnesses provide sworn evidence....Basic Background QuestionsWhat is your full name?Have you ever used any other names? Maiden name?Do you have any nicknames? What are they?What is your date of birth? Where were you born?What is your age?What is your social security number?Mar 22, 2017

How serious is a deposition?

Why Is a Deposition Important? Your deposition is important to your case because it's usually your first opportunity to give on-the-record testimony and share your side of what happened. A deposition creates a written record of a witness' testimony that can be used later to impeach testimony in trial.

What do you wear to deposition?

In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition. Not too casual. Do not wear jeans, shorts, sneakers, sandals, or head wear. Long pants, dress shoes, and a belt or suspenders are top choices.

How do you stay calm in a deposition?

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

How do you prepare for a great deposition?

4:5710:15How to Prepare For and Give a Great Deposition Part 1 of 7 - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo be a good witness be a great witness pause. Take your time think about what you've been asked andMoreSo be a good witness be a great witness pause. Take your time think about what you've been asked and only then should you answer the question here's tip number five listen carefully to the question.

Are depositions scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

Do you swear to tell the truth answer?

Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, and you will keep secret all of the proceedings of the grand jury conducted in your presence? So help you God.

How do you explain a deposition to a client?

Deposition Process and GuidelinesTell the truth.Speak audibly.Talk slowly.Think before you speak.Do not volunteer information; answer only the question that is asked.Be professional and polite.Take breaks as necessary (usually one per hour)If you do not understand the question, then ask for clarification.More items...•May 6, 2016

How do you prepare a witness for deposition?

Deposition Rules for Witnesses ChecklistSpeak Slowly and Clearly.Pause After Each Question. Pause briefly after each question to:Listen to Objections and Instructions.Tell the Truth.Short Answers Are Best.Remain Composed and Professional.Do Not Answer Unclear Questions.Ask for a Break if Needed.More items...•May 7, 2018

What is mock deposition?

mock deposition with your attorney can improve your eff ectiveness as a witness and reduce your anxiety

What does "Mr./Ms. Friendly" mean?

Remember that discussions with opposing counsel without defense counsel present are not appropriate .

What factors go into finding a civil deposition attorney?

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.

What is a civil deposition?

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.

What is the objective of a plaintiff's deposition?

One objective of the plaintiff ’s deposition (perhaps the more obvious one) is to discover informa-tion through open-ended questions : who, what, when, where, how and why? The goal is to pin down the plaintiff ’s claims and their factual bases. Establishing the absence of knowledge can be as important as armatively establishing a fact. In addition, witnesses or information (written or digital) disclosed in the deposition may lead to additional defense discovery. Much has been written about the discovery aspect of the plaintiff ’s deposition, which need not be repeated here. Cases are won not so much by discovery, but through admissions.

What is admissions in deposition?

For summary judgment, the plaintiff ’s admissions can mean the difference between a genuine factual dispute and an uncontroverted record. At trial, the cross-examiner is well advised to ask only questions as to which the answer is known. The ability to “know the answer” comes primarily from admissions gained in the plaintiff ’s deposition. The trial cross-examination of the plaintiff can be viewed as a distillation of the “greatest hits” from the deposition. For that reason, my preference is not to hold back in deposition. Unlike their Hol-lywood adaptations, real life trials lack surprise witnesses and concealed documents. Pre-trial orders requir-ing the exchange of witness and exhibit lists ensure that. The best chance to catch the plaintiff unawares is in deposition. Once the deposition testimony is locked in, the plaintiff is stuck with it.

What is the best source of information for an employment case?

The client’s documents and witnesses. By far the best sources of information in most employment cases are the client’s own documents and witnesses. Employment plaintiffs typically find themselves in an evi-dentiary deficit while employers have a surfeit of information. Personnel files, handbooks, policies, manuals, payroll records, write-ups, emails, performance evaluations, co-workers and supervisors all reside with the employer. Needless to say, defense counsel should meet with the key company witnesses and study relevant company documents well in advance of the plaintiff ’s deposition. The documents and information will be used to obtain admissions in the plaintiff ’s deposition.

Can a case be won on summary judgment?

Not all cases can be won on summary judgment, so defense counsel must treat the damages aspect of the case with as much vigor as liability. The same probing style should be employed when examining the plaintiff about damages.

Can you be subjected to the same material?

You shouldn't be subjected to the same material; but it's fair to give the defense a shot to take your deposition after either a long time has passed or after you have had a significant change in circumstances (e.g. you've undergone surgery and your "damages" picture may... 2 found this answer helpful.

Can you be subjected to another deposition?

Yes, it's possible that you may be subjected another deposition, if the rules of procedure in your jurisdiction allow for an update depo. You shouldn't be subjected to the same material; but it's fair to give the defense a shot to take your deposition after either a long time has passed or after you have had a significant change in circumstances (e.g. you've undergone surgery and your "damages" picture may...