how to give a deposition without an attorney

If you receive a deposition for something related to your work with your company, let your supervisor or someone in authority know about the deposition. Even if the company gives you an attorney, you may want to get your own. You might decide that you don't need a lawyer present if you're just a witness and the case is fairly simple.

Full Answer

Do I need a lawyer for a deposition?

An attorney can help you separate facts from opinions, allowing you to deliver answers that are both accurate and effective. Hone your testimony. You may have prepared your own responses, but lawyers know that what you say in a deposition is just as important as how you say it. Giving the answer “I think it was 12:30,” is vastly different ...

What are the do's and don'ts of a deposition?

Apr 18, 2013 · Not much advice anyone can give you at this point. Obviously you need a lawyer. While you are attempting to get one, you can request that opposing counsel postpone the deposition. Common courtesy should move the other side to give you time to get a lawyer. You may also be able to get a continuance from the judge to give you time to get a lawyer.

Can You Win Your Case at a deposition?

Dec 09, 2020 · The purpose of a deposition is to obtain answers to the attorney’s questions, from a witness, who is sworn in, under oath. During the deposition, a court reporter takes notes of the proceeding. These notes consist of word-for-word recording of what the witness says.These notes are then assembled into a deposition transcript.

How to prepare for a deposition in a civil case?

Mar 30, 2017 · 1. Be Confident The first thing to remember when conducting depositions is maintain composure and confidence. Remember... 2. Be Prepared It goes without saying that young litigators are workhorses, who usually know the case details inside and... 3. Use Bullet Points, But Don’t Write an Extensive ...

How do you create a deposition?

What do you say and not say in a deposition?

What Cannot be asked in a deposition?

How do you prepare for a disposition?

Do you have to answer questions in a deposition?

How do you stay calm in a deposition?

Are depositions scary?

Can you plead the Fifth in a deposition?

What kind of questions do they ask in a deposition?

What do you say at the beginning of a deposition?

How do you answer a difficult deposition question?

What is a deposition prep?

2 attorney answers

Speak to other attorneys, and maybe you can find someone who will work with you on a payment plan. My partners do that all the time. More

Josh P Tolin

Speak to other attorneys, and maybe you can find someone who will work with you on a payment plan. My partners do that all the time. More

How to prepare for a deposition?

Be prepared. Spend some time before the deposition date thinking about the event or circumstances you'll be questioned about. You might want to make some notes to jog your memory. You can bring the notes with you to the deposition.

What is the person who gives a deposition called?

Attorneys will ask you a series of questions to determine what knowledge you have about the case. 2 . The person giving the deposition is called the deponent.

Why are depositions recorded?

Depositions are recorded in case you, the witness, are unable to later testify at trial for some reason. One side or both sides may record the deposition or there may be a legal stenographer to take notes. 2 

What is a deposit in court?

Depositions are the sworn statements of a witness in a lawsuit, in an out-of-court situation. They are used to gather evidence and information; think of them like fact-finding missions similar to testifying in court. 1 .

What happens if an attorney hammers you?

If an attorney is hammering you and you begin to feel uncomfortable and at a disadvantage, you have the right to temporarily pull the plug on the proceedings to give you time to get a lawyer. The deposition will be rescheduled. You might also have some legal or personal issues that you're worried about exposing.

What happens if you get a subpoena from a court?

You've received a subpoena from a court telling you that you must give a deposition in a lawsuit. If the thought of giving a deposition panics you, you're not alone. But knowing what's going to happen in the deposition can relieve some of your concerns.

Where do depositions take place?

Depositions typically take place in the law office conference room of the attorney who has requested them. There will be several attorneys present for both sides and they all can ask you questions. You can use notes if you need them.

How to conduct yourself during a deposition?

How you conduct yourself during your deposition can make or break you case. Be aware at all times that your deposition is being taken to provide your opponent with legal ammunition to use against you at trial. Be cooperative, but always be mindful not to volunteer more information than you have to, and remember that you may consult your attorney at any time during your deposition.

Why do attorneys ask questions during depositions?

Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. Like opposing counsel, your attorney may schedule and take depositions to help build your case. If there are some issues about your case that you consider worrisome, ...

Why do opposing counsel take depositions?

Depositions are extremely useful to opposing counsel. In a deposition, the opposing counsel will want to find out what you know regarding the issues in your lawsuit so that they can prepare for your testimony in advance of trial. The testimony you give in a deposition may be read at trial, so opposing counsel hopes to catch you in a lie or omission, because, if they were to do so, they could claim at trial that you are not a truthful person. Having established your dishonest character, they could then argue that your testimony should not be accepted as evidence of any of the important questions at trial. Remember, opposing counsel has every right to take your deposition for these purposes.

What is a deposition in court?

What Is a Deposition? A deposition is pre-trial oral testimony taken under oath. In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, ...

How to avoid wisecracks?

Your humor may not be recognizable in the transcript and may look crude or untruthful. Don't speak with opposing parties or counsel: After the deposition is over, do not chat with your opponents or their attorney.

What to say when you don't know the answer to a question?

Don't guess: If you do not know the answer to a question, you should say that you do not know. You have a right to confer with your lawyer: At any time during the deposition, you will have the right to speak with your attorney privately regarding the question and your answer. Do not hesitate to exercise this right.

What are some suggestions for a deposition?

The following are suggestions to help you prepare to give you deposition: Always tell the truth: Failure to tell the truth in a deposition constitutes perjury, which is a felony. It can also damage your case if the truth comes out at trial.

What is a notice of deposition?

What is a deposition and what does that mean for you, the witness? A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. A deposition generally serves two purposes: (1) find out what you know; and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial). The person asking the questions, the examiner, will ask a series of questions aimed at obtaining information which will help his or her client prove their case. But what if you are not a party to the lawsuit? Doesn’t matter- the Indiana Rules of Trial Procedure allow parties to a lawsuit to take the deposition of any person twenty days after a lawsuit has been filed.

How long after a lawsuit can you take a deposition in Indiana?

Doesn’t matter- the Indiana Rules of Trial Procedure allow parties to a lawsuit to take the deposition of any person twenty days after a lawsuit has been filed. Although being on the hot seat will certainly be slightly uncomfortable, if you keep these tips in mind, the deposition is likely to go smoothly. 1. Prepare.

What is the job of a witness?

Your job as the witness is to make the examiner ask good questions. If you do not understand the question, do not answer and ask the examiner to rephrase. If the examiner makes a statement and then pauses, you do not need to say anything. No question, no answer. A deposition is not a conversation.

What to do if you are not a party to a lawsuit?

If you are not a party to the lawsuit and do not have representation, retain an attorney for the limited purpose of defending you in your deposition. Prior to the deposition, meet with your attorney for a preparation session. Ask him or her to provide expected topics and go over sample questions.

Can you review a deposition transcript?

Typically, unless waived, you will have the right to review the deposition transcript and correct any errors in your testimony when the transcript becomes available. 4. Answer Only the Question Presented. Your job as the witness is to make the examiner ask good questions.

Can a court reporter record inaudible responses?

The Court Reporter documenting the deposition strives to capture a complete and accurate recording of your responses. However, the Court Reporter cannot capture inaudible responses so it is imperative that you provide oral responses and avoid “uh-huhs” or inaudible head nods.

Is a deposition a conversation?

A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.

Who is the attorney in a deposition?

Typically, the witness being deposed is represented by their own attorney. During the deposition, an attorney may ask a question that both sides had agreed was improper (e.g. relevant, or leading). The other attorney may make an objection. The objection often prompts the asking attorney to withdraw the question. In some instances, a dispute may develop over whether a witness must answer a particular question.

What questions does the attorney ask a witness during a deposition?

During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case. The witness can be the other party, someone the other party claims to have relevant knowledge, or an expert whose opinions and conclusions are sought.

How to prepare for a deposition?

To prepare for deposition, a witness can review documentation related to their claim. A witness can prepare for deposition through their attorney’s assistance. The attorney can discuss what questions are likely to be asked, and the attorney can “practice” the witness’s answer with the witness. The attorney may not “coach” the witness, either before the deposition or during it.To “coach” a witness is to tell a witness how to answer a question before the witness has had an opportunity to speak. A witness’s answer must be the product of their own thinking. The answer cannot be the product of the attorney’s influence.

What is a deposition in court?

A deposition is the taking of out-of-court testimony of a witness. After a civil litigation has been filed, each side, as part of the process known as discovery, is permitted to question the other side. This questioning pertains to facts, witnesses, and evidence the other side may intend to use in court proceedings. During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case.

Why do you use a deposition at trial?

A party may use the deposition at trial to demonstrate a witness testifying at trial is not being truthful. Trial testimony on a given question may vary from how the question was answered during the deposition. A lawyer may point out these discrepancies to call the witness’ credibility into question.

How long do witnesses have to answer questions?

Witnesses must be prepared to answer questions for a potential period of several hours. During this time, the attorneys may object to the form of each others’ questions.

What should a witness do when asked questions?

Having received adequate rest the night before is key to adequate preparation. If a witness is poorly prepared, the witness may answer questions by giving unhelpful information or too much information.

What to remember when conducting a deposition?

Remember that you can easily become your own worst enemy if you think in terms of “success” or “failure” during the deposition. It’s a discovery tool and not the actual trial.

What is the importance of reexamine prior to a deposition?

But, prior to a deposition, it’s important to reexamine key discovery, study your file thoroughly, and consider any facts that may require additional development through testimony. Additionally, it is helpful to consider your case strategy as you prepare.

Do law schools have depositions?

Some law schools offer liti gation training, but not much time is spent on depositions. Interestingly, many civil litigators spend more man-hours conducting and attending depositions than spent conducting trials. For this reason, it’s important for young attorneys to bear in mind a few tips while conducting and defending depositions.

How to avoid being emotional during a deposition?

Leave your emotions at home. While this is an important matter and certainly involves a level of emotional capital on your part, you have to try to avoid being emotional during the deposition. The attorney may ask you questions or act in a way that is intended to anger or upset you.

What happens if you don't listen to the question in a deposition?

An attorney taking a deposition may well be asking a line of questions and if you are not listening to the question, you will answer the question that you think is being asked ( based upon the prior line of questions) and not the question that was actually asked. Rule 4.

What to do when you need to confer with an attorney?

If you need to confer with your attorney, you are entitled to do so. The attorney taking the deposition may ask that you answer any question that has been asked before you confer. If your need to confer relates to the question that has been asked, you can tell your attorney that that is the case and he will address it as the situation dictates.

How to answer a question that is asked and nothing more?

Rule 2. Answer the question that is asked and nothing more. Even if you think that your answer is harmful, just answer the question asked. Do not try to elaborate. Elaborating or trying to explain will not help. Instead, it will give the attorney asking the questions more information from which to ask more questions.

Why do you have to elaborate on an answer during a deposition?

Usually, elaborating on an answer extends the deposition because you have given more information from which the attorney asking the questions can base more questions. Rule 3. Listen carefully to the questions being asked. It is not unusual for a person being deposed to try to think what the next question will be.

What to do if you don't understand a question?

Rule 8. If you do not understand the question being asked, ask the attorney to rephrase the question or to explain a word or words that are confusing you. You are not required to and you should not answer a question that you do not fully understand. Rule 9.

What to expect during a deposition?

A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition .

What questions can an opposing attorney ask in a deposition?

While an opposing attorney may ask you deposition questions about your finances, assets, and your child care arrangements, they may also attempt to ask questions that are embarrassing for you to answer. In some cases, the attorney will be trying to evoke a response from you or get sympathy for his client—in others, the line of questioning may be deemed relevant to the case.

What happens if a deponent refuses a deposition?

A deponent who, without justification, refuses a deposition when requested via subpoena may be ordered to pay expenses caused by the failure, including attorney’s fees for the side that requested the deposition. In some cases, the court may order that the party that did not attend the deposition cannot introduce certain matters in evidence, or might even render judgment by default against the disobedient party.

What is the purpose of a subpoena?

A subpoena is a written order that compels a party to provide testimony on a specific issue pertaining to a case.

What is the law for depositions in Washington?

The laws governing the gathering of depositions in Washington depend on whether or not the case is tried in civil or criminal court. Many family law issues, such as those regarding divorce, will be decided in civil court, where depositions are discussed under Washington Rule CR 30. This law dictates how a deposition must be taken, as well as any other specifics pertinent to this part of the discovery process.

What is the protection of deposition?

This protection will only be offered if a deponent makes a specific motion for the order, and if good cause is shown that the order would protect the deponent from embarrassment, oppression, annoyance, or undue burden or expense. In some cases, the court may order that the deposition occur under certain terms and conditions, or may make other specifications instead of ordering the deposition not occur.

What is a subpoena form?

If a party wishes to depose a particular individual, he or she must issue a subpoena form which requests the individual's attendance at the deposition. The individual may choose not to attend, although failure show up at this proceeding could result in fairly serious consequences.

What is the process of discovery?

Before a trial takes place, both sides engage in the process of discovery, during which they gather information and evidence that they hope will bolster their case. And often times, sworn testimony from witnesses can be a crucial piece of evidence gathered in the process of discovery.

What happens if you don't show up to a deposition?

If you do not show up to the deposition, then you may be sanctioned or held to be at contempt of court. However, you may have a lawyer present at your deposition. The lawyer will make sure the deponent is only asking relevant questions with in the scope of discovery.

Why do non-party depositions need to be protected?

The non-party may assert that the deposition is harassing, embarrassing and/or non-essential because of his relationship with the named parties or because other more knowledgeable parties are being deposed. Further, there are evidence code privileges ...

What is a non-party in a lawsuit?

A non-party is a person who is not a named party in the lawsuit. He is neither the plaintiff nor defendant, and he does not have an interest in the lawsuit.

Who can represent you in a protective order hearing?

You should contact a privileged communications lawyer to move for a protective order. The personal injury lawyer can represent you in the hearing and draft all off your moving papers.

Can a non-party be served a subpoena?

Upon service of a deposition subpoena, a non-party may not have to appear. Depending on the non-party’s involvement and knowledge of the case matter, the non-party may get a protective order to prevent his deposition.

What Is A Deposition?

Purpose of A Deposition

Suggestions For Preparation

• The following are suggestions to help you prepare to give you deposition: 1. Always tell the truth: Failure to tell the truth in a deposition constitutes perjury, which is a felony. It can also damage your case if the truth comes out at trial. 2. Listen to the question: Do not answer any question unless you hear it clearly and completely. You may a...

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