in a deposition which attorney questions first

However, in a deposition, the opposing attorney asks all the questions first, similar to cross-examination in court. What are the deposition rules? When the deposition begins, most attorneys will provide you with a general statement regarding the “rules” of a deposition.

Full Answer

What are some good questions to ask in a deposition?

Some of the most popular questions used in depositions include: " Have you ever been arrested and/or convicted of a felony or misdemeanor? " This is a proper question, but chances are good that the opposing attorney will vigorously object. However, it will probably be overruled.

What is a deposition in a case?

Depositions follow a different procedure from testimony taken in court. In court, we would generally ask questions of you first. This is called “direct examination,” which will be your chance to tell your side of the story. At trial and after direct examination, the opposing attorney would ask you questions called a “cross-examination.”

Can an attorney interrupt a deposition?

The Best Deposition Questions. The standard deposition questions are good, and you should use them whenever they may be appropriate. But there are two deposition questions that you should (almost) always ask. The first question is “why?” Here’s the reason: If you are deposing someone then most of the time that witness is adverse to you.

When to instruct a witness not to answer a deposition question?

To fully prepare, you must understand why the other side wants to take your deposition in the first place. Why are depositions taken? 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.

Do both sides get to ask questions in a deposition?

The Discovery Process In discovery, both sides ask questions that they believe will help prove or disprove the case. The questions come in the form of: Interrogatories – These are written questions that are filed with the court.Sep 29, 2017

What is a leading question in a deposition?

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.

Can you ask leading questions in depositions?

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

Can an attorney ask leading questions when questioning an opposing party?

When a lawyer calls an adverse or hostile witness (a witness whose relationship to the lawyer's client is such that his testimony is likely to be prejudicial) on direct examination, the lawyer can ask leading questions as on cross-examination.Sep 9, 2019

Are leading questions Manipulative?

Use leading questions with care. If you use them in a self-serving way or one that harms the interests of the other person, then they can, quite rightly, be seen as manipulative and dishonest.

What are some examples of leading questions?

A leading question suggests a particular answer that the questioner desires – most often a simple 'yes' or 'no' answer. ∎ “Were you in Los Angeles last week?” ∎ You were in Los Angeles last week, weren't you? ∎ You didn't see the stop sign, did you?

What are three types of objections?

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.

Can you ask leading questions in a deposition Illinois?

During an evidence deposition, you cannot ask leading questions on direct examination and cross-examination must be limited to the scope of direct. You may only ask leading questions during direct examination if the deponent is hostile or adverse.Dec 16, 2020

Can you ask leading questions in a deposition California?

Leading questions may be asked of a witness on cross examination or re-cross examination. You may also ask leading questions on direct for preliminary matters, refreshing recollection, and examining hostile or (in California) expert witnesses.Mar 28, 2014

Are leading questions yes or no?

he “rules” on leading questions are commonly under- stood to be (1) a leading question is one that calls for a yes or no answer, (2) leading questions are improper on direct examination, but (3) a lawyer has the right to use leading questions on cross-examination.

How do lawyers ask questions?

0:165:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

Can a party to a case put leading question to his own witness?

The Court can allow a party examining his own witness to put leading questions by way of cross examination.

Top 20 Civil Deposition Questions?

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.

LegalMatch Can Find You the Right 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.

Commonly Asked Questions

Litigation costs are all the expenses made during a lawsuit. Discover when defendants must pay your litigation costs and more here !

Consumer Satisfaction and Success Stories

"I will be recommending this site to many of my friends and family. Thank you!"

What is a deposition in court?

A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case. A court reporter records your testimony with a stenography machine and then creates a written transcript to be used at trial.

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

If you do not understand, you should say that you do not understand the question and ask the attorney to explain the meaning before you try to answer it.

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

If you know the answer, then, of course, you state what you know to be true. If you don’t know the answer, you should say, “I don’t know,” because that is the truth. If the question calls for something you once knew but have now forgotten, you should say, “I do not remember,” because that is the truth.

Is a deposition a question and answer session?

However, the complete opposite is true. The deposition is not “your story,” but rather, it is a question and answer session by the opposing counsel. The opposing counsel is not the decider of fact. That is left to the judge and/or jury. Opposing counsel is not your friend, but rather someone who wants to learn information about your case ...

How to succeed in depositions?

The best way to succeed with your depositions is to prepare and be ready for the most likely responses from your witness. If you keep in mind these deposition questions then you will ensure that you have a useful deposition transcript for trial.

Why shouldn't you ask why?

In that case you will not get another opportunity to cross examine the witness so your ability to handle bad answers to the “why” question is much more limited. Second, you shouldn’t ask “why” if you have good reason to suspect that the opposing party will not present the “why”. Usually this scenario occurs when you are deposing a fact witness who is roughly neutral to both sides.

What is a deposition in court?

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.

Who will take your deposition in a personal injury case?

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.

How to see what you look like?

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.

Where is a deposition held?

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.

What does opposing counsel do?

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.

How to deal with a weak spot in a case?

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.

What to do if the answer is yes?

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.

Misconduct Categories

Given space limitations here, it is not feasible to discuss all aspects of deposition misconduct by attorneys and the abundant case law. Nevertheless, it is important to identify categories of misbehavior and, along the way, the rules that prohibit them.

N.Y. Rules

In New York state courts, similar prohibitions apply but the applicable rules that compel restraints on attorney misbehavior are state rules, not federal. A helpful case opinion well-describing the approach in state courts is New York County Supreme Court Justice Eileen Bransten’s decision in Freidman v. Fayenson, 41 Misc. 3d 1236 (A) (Sup. Ct.

Conclusion

Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the case law is: Let the Deponent Testify! With few explicit exceptions, the attorney should not interfere with the witness’s answers or the flow of the examination.

How to prepare for a deposition?

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.

Why do lawyers use depositions?

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.

What is the code of civil procedure for reading deposition transcripts?

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]

How long does a witness have to sign a deposition?

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.

How to contact Steve's litigation warrior?

If you need representation, call us at (877) 276-5084. We help both Plaintiffs and Defendants and parties involved in arbitration and mediation.

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 .

Introductory Questions

Basic Background Questions

Deposition Preparation Questions

• The deposing attorney is allowed to question the witness as to how they prepared for the deposition. Common questions in this vein include: 1. How did you prepare for this deposition? 2. Have you spoken to anyone other than your counsel about this case? Who? 3. What, specifically was discussed? 4. What documents pertaining to the case have you revi...

See more on cookandwiley.com