what can an attorney ask about 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...
• " What did you do to prepare for this deposition? " The purpose of this question is, in part, to try and figure out if...
• " Do you have identification with you? " If the answer is yes,...

Full Answer

What kind of questions are asked in a deposition?

Jun 03, 2021 · To begin they will ask you your age, date of birth, social security number, etc, essentially questions about your identity. Furthermore, you will also be questioned on your marital, educational, residential, and legal history. The next questions will determine how the witness has prepared for the session.

What if I need to confer with my attorney before 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... " What did you do to prepare for this deposition? " The …

What happens during a deposition in a lawsuit?

Jul 26, 2006 · 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.

How do I prepare to give a deposition?

An attorney taking a deposition for discovery purposes is entitled to ask you about any non-privileged information that is relevant to the case. Even if you cannot understand the possible relevance of a question, chances are that the attorney questioning you has a basis for asking the question, and therefore you are required to answer the question.

What questions can be asked in deposition?

Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...•Mar 22, 2017

What is privileged information in a deposition?

Privileged information is information that is protected by a confidential relationship recognized by law, such as attorney-client, doctor-patient, etc. Therefore, CA's attorneys would not be able to seek information pertaining to Marty's discussions with his attorney Larry.

Can you ask anything in a deposition?

You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court. In many cases, questions that do not have to be answered fall into three categories: Private information.

What Cannot be asked in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).Jan 22, 2020

Who bears the burden of proof in a lawsuit?

In a civil lawsuit, the burden of proof rests on the plaintiff or the person filing the suit. The plaintiff should prove that the allegations are true and that the defendant, or the other party, caused damages. When it comes to establishing a civil case, the plaintiff must usually do so by a preponderance of evidence.

What is a privilege objection?

"Objection that is privileged" When there is attorney-client privilege, it means the conversation or information exchanged between the client and his attorney, can be prevented from being disclosed to the jury.Oct 25, 2014

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.

How do you avoid answering questions in a deposition?

Don't answer questions you don't un- derstand. Rather, ask for clarification. Avoid using adjectives and superlatives such as “never” and “always,” which may be used to distort or mischaracterize your testimony at trial. counsel from asking a witness to speculate, but generally avoid doing so.

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.

How stressful is a deposition?

Depositions are stressful, but you can do it if you follow the top five rules and prepare with your attorney. No need to over-prepare. The facts are what they are.Sep 30, 2020

Do you have to answer irrelevant questions in a deposition?

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.

Can you plead the 5th in a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.

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.

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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, ...

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, ...

What is the purpose of a deposition?

Purpose of a Deposition. 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, ...

What is the best way to prepare 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 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 to do if you are asked to supply documents?

If you are asked to supply documents or information, refer the opposing counsel to your attorney. Do not reach into your pocket for a social security card, driver’s license, or any other document, unless your attorney requests that you do so.

What to do if you don't know all the details?

You aren't expected to know all the details: If you do not know all the details, relax. Simply state what you do know and leave out the details. Do not give an answer that requires you to consult records not available at the deposition or requiring you to consult your friends and associates for the answer.

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, witness es, 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.

What is the purpose of a deposition?

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 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.

Can an attorney coach a 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.

What is the basis of an objection?

Questions that suggest or lead a witness to an answer, or that imply a fact that has not been established, can serve as the basis of an objection. While the attorneys are speaking to each other, the witness should not be speaking. The witness should answer the questions being asked of them,and only those questions.

Can you refuse a deposition?

Refusing a deposition is typically not permitted. A witness receives notice that their deposition will be taken through a document called a Notice of Deposition.This document contains information about the location, date,and time of the deposition.

Can a witness review a transcript?

Witnesses are permitted to review their transcript testimony. If a witness believes the testimony was inaccurately recorded, the witness may note perceived inaccuracies, and what the witness maintains their actual testimony was. Preparation for a deposition is of significant importance.

What is a deposition in court?

Depositions are statements given by a person under oath for purposes of litigation. Unlike trial testimony, depositions are conducted out of court, usually with only the witness, attorneys, and a court reporter present. Because most of our clients have never given a deposition, and will never give one again, we have prepared this short guide ...

How long does a deposition last?

Depositions can last from just a few minutes, if the attorneys are interested in only a few facts, to multiple days in cases where the facts are particularly complex. Most depositions for personal injury cases take between one and a half and three hours, but may last longer depending on the nature of the injury.

Why are depositions videotaped?

These types of depositions are also often videotaped to provide a more realistic picture of your testimony to the jury. The evidence rules are somewhat different for these types of depositions, and so you should ask your attorney for specific advice if you are giving an evidentiary deposition.

What to do if you don't know the answer to a question?

Don't guess or speculate – If you don't know the answer to a question, don't guess or speculate. If you cannot remember something, you cannot be forced to provide an answer. Even if the questioning attorney ridicules you for not knowing an answer, you should always stand your ground rather than make a guess.

What happens if you don't understand a question?

If you answer a question that you don't really understand, your answer is going to be in the record and you may not have a chance to explain later that you didn't understand it. Or you may be prohibited from explaining later that you didn't understand because you should have done that at the time of questioning.

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 is the rule of deposition?

Therefore the better you come across to the attorney, the more you will help your case. Rule 12. Leave your emotions at home.

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.

Can you win a deposition?

Rule 1. Remember, you cannot win your case at your deposition. While this is probably the first opportunity that you have had to explain your side of the controversy, there is no judge or jury to decide your case at the deposition. Providing incorrect or too much information can harm your case.

Can a judge be present at a deposition?

There is no judge or jury present. your attorney (or the attorney defending the deposition, if you are a witness and not a party) may make objections. These objections are to preserve the record. You may be told by the attorney to go ahead and answer the question despite an objection.

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.

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.

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.

What is a deposition transcript?

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.

What is a stenographer?

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.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What Is A Deposition?

• A deposition is pre-trial oral testimonytaken 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, except that there is no judge presiding during a deposition. What thi…

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Purpose of A Deposition

Suggestions For Preparation