With knowledge of the basic facts from the file,make sure that you, the attorney, know what areas ofthe law apply. You cannot ask the proper questions ifyou do not know what the plaintiff has to prove.Remember, every plaintiff must prove cause and proxi-mate cause. Without knowledge of the law, you willnever get beyond the basics of the case and into thedepths of the law where the case will be won or lost.
Full Answer
Setting Up the Win at the Plaintiff’s Deposition Spencer H. Silverglate Clarke Silverglate, P.A. 799 Brickell Plaza, Suite 900 Miami, FL 33131 (305) 347-1557 ... the plaintiff what happened (based on the defendant’s version of the facts) and attempting to solicit agree-ment. Even information elicited through open-ended questions usually can ...
Oct 30, 2014 · 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 with their questions. Most defense attorneys have two main goals during a deposition.
Tip #1: Let the Defendant Talk…As Much As They Want. You want the defendant to tell their side of the story at the deposition. Encourage the defendant to talk. Nod slowly to show agreement with the defendant’s responses. The defendant will feel willing to speak more and you will open the door for more admissions.
Jan 21, 2014 · The following are the typical reasons why the defendant’s attorney will take your deposition: 1. To discover what you know about the case. The opposing attorney is searching for evidence. 2. To find evidence favorable to the defendant. In doing so, the opposing attorney may attempt to get you to make statements against your interest. 3.
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...
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 to Survive a DepositionMake Sure You Understand the Question. Never answer a question unless you fully understand it. ... Pause and Think Before Answering. ... Never Volunteer Information. ... If You Don't Remember, Say So. ... Do Not Guess. ... Don't Fall for the Silent Treatment. ... Stick to Your Answers. ... Always Read the Fine Print.
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
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.
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 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
A deposition is an out-of-court question-and-answer session under oath, conducted as part of the discovery process before the trail is scheduled to begin. Deponent. An individual who responds to questions during a deposition.
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
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.
Leading questions suggest the answer that you expect to get and literally “lead” the witness. An open ended question does not suggest the answer. An Example: Assume that you are trying to establish that the deponent was stealing office supplies and that he knew that he should not have been taking those supplies.
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
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. Questions will generally range from how the accident happened, to what your injuries and treatment were, to what types of problems you are having today as a result of your accident.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
Nervousness, however, is normal and usually passes after a few minutes of questions.
I refer to these as the four commandments. 1) Tell the truth. Nothing hurts a case more then a lie. 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, ...
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.
If you have filed a civil lawsuit in your personal injury case against the at‐fault driver, person, corporation, or entity that caused your injuries, then at some point the defense attorney representing the other side will take your deposition.
A deposition is a question‐and‐answer session between the attorneys to a lawsuit and a witness (the deponent) where the witness’s answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. In fact, deposition testimony can also be used in court at trial.
To see what you look like, hear you speak and see how you might present to a jury. The deposition is the only opportunity the defendant’s attorney can speak to you about the case prior to trial, and often it is the first time the defense attorney will see the plaintiff.
A deposition is typically held in a lawyer’s office with lawyers for each side present, a court reporter and the parties to the lawsuit. While the deposition process can seem informal, it is extremely important because what you say can be used against you.
Opposing counsel may attempt to ridicule your story or contrive ways to suggest that you are not telling the truth or are in error. He or she may even attempt to put words in your mouth by getting certain admissions from you with confusing and leading questions. For these reasons, you must be on guard and prepared.
1. Be prepared. You should review the facts of your case with your attorney so that your memory is refreshed and you can answer correctly. This is important not only for knowing how to deal with#N#potential weak spots in your case, but also for remembering and knowing all of the strong points in your case. You want the defense attorney to know the strengths of your case with respect to the defendant’s liability, your injuries, symptoms and the impact they have had on your life. By being prepared you can make a good, truthful and forthright impression.
If the answer to the question is “yes” then you answer “yes” and that is it. You do not explain why the answer is “yes” unless the opposing attorney asks for that question. Keep your answers brief. Too many people have hurt their cases by volunteering information that was not asked by the opposing attorney.
These tips will help you be more confident walking into the deposition room: 1 Understanding the deposition process and purpose 2 Meeting with your Attorney in advance to discuss the case and review documents (if you have one) 3 Bring documents (only if requested) do not offer to “go get” more documents from your car 4 Dress, Appearance & Attitude (be rested and ready) 5 Keep your guard up and be ready for the common Question Traps (watch video above to learn about these! 6 Request breaks as you need them in order to stay sharp (you have a right to request breaks to use bathroom and keep your concentration) 7 Be careful when “off the record” (these things may prompt further questions when you go back on the record) 8 Do not promise to do anything after the deposition (unless your attorney instructs you to). 9 You have the ability to correct errors and mistakes after the deposition (but its best to clarify ON THE RECORD if possible) 10 Have fun, relax, and enjoy – YES YOU HEARD THAT RIGHT. You are taking part in the legal process and helping a dispute get resolved.
A deposition is therefore one of the discovery tools available to lawyers to help them evaluate witnesses and credibility which may lead to a settlement of the case, or which deposition transcripts may be used at trial.
Under California Code of Civil Procedures section 2025.520 , there are two methods for reading, correcting and signing deposition transcripts. This section reads: ARTICLE 5. Transcript or Recording [2025.510 – 2025.570]
The witness has 30 days following the notice that the deposition is ready for reading, correcting and signing, or a longer or shorter period if the parties agree in writing or on the record. The original will remain at the court reporter's office available for the read/sign.
If you need representation, call us at (877) 276-5084. We help both Plaintiffs and Defendants and parties involved in arbitration and mediation.
A plaintiff’s deposition is an interview involving questions asked by the lawyer for the other side of the case to which you give sworn answers. During the deposition everything that is said, the questions and answers and comments, are being transcribed by a court reporter. Because it is under oath, at the later trial if you try to change ...
It is just one step in the litigation process. It only happens if your injury claim cannot be settled and a lawsuit is filed. In that situation there many things that happen. But, both later settlement negotiations and any eventual trial may result in disaster unless that deposition goes well.
A deposition is an unfortunate time to talk about a knee injury that no doctor noted you had.
All cases have “uncomfortable testimony,” be it on facts of the incident, or something to do with the claimed damages or on the personal issues the other lawyer asks about. These are often areas where the specifics of your case need to be worked through with your lawyer ahead of the deposition.
Acting that way in a deposition will only lead to problems and a longer deposition. This does not mean to make every answer into one word answers. Sometimes answering the question requires a sentence or even a couple of sentences.
If you guess at an answer you simply cannot be telling the truth in response to the question. To ensure the “whole truth” don’t guess or add information you don’t know or weren’t asked about.
The use of absolutes to answer a question such as “always” and “never” will frequently cause problems . For example, any question designed to get you to make absolute statements like “I’ve never in my life suffered a headache before this crash,” is almost always a trap. It is painful to recall how many times I’ve heard a client lulled into making such a sweeping comment.
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.
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.
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.
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.
The first strong defensive strategy is to be keenly aware of the philosophy of your side of the case. For example, if you are a plaintiff in a personal injury case or a personal injury lawyer, you may want to get to the end of the case in which you discuss damages and how the accident affected the victim. As you know, the more that the personal injury lawyer spends on the case, the less he or she will actually make if there is recovery. If you are the defendant or the defendant’s lawyer, you likely want to slow the case down so that you can gain leverage by making the case drag out. If you slow the case down, the other side may become desperate to settle for less than the case is actually worth. Personal injury lawyers are aware of this tactic and often offer to represent the client on a contingency fee basis so that the client does not have to come up with sizable funds to support the litigation strategy.
Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks.