what can an attorney ask you during depositions

Some of the most popular questions used in depositions include:

1. " Have you ever been arrested and/or convicted of a felony or misdemeanor? ...
2. " What did you do to prepare for this deposition? ...
3. " Do you have identification with you? ...
4. " Have you discussed this lawsuit with anyone else, signed any statements or affidavits relating to this lawsuit, or posted information about this lawsuit on any Internet site? ...

Full Answer

Can a lawyer ask you a question during a deposition?

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.

How do you prepare a witness 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.

What are the rules for conduct at a deposition?

The court’s local rules and judge’s individual rules often govern conduct at a deposition (for example, S.D.N.Y. and E.D.N.Y. L. Civ. R. 30.4 (a defending attorney must not initiate a private conference with the deponent while a question is pending, except to determine whether a privilege applies)).

Can an attorney coach a witness in a deposition?

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 kind of questions can be asked in a 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...•

What questions Cannot be asked in a deposition?

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. Privileged information.

What should you not say in a deposition?

8 Things Not Say During a DepositionNever Guess to Answer a Question.Avoid Any Absolute Statements.Do Not Use Profanity.Do Not Provide Additional Information.Avoid Making Light of the Situation.Never Paraphrase a Conversation.Do Not Argue or Act Aggressively.Avoid Providing Privileged Information.

Can you read from notes in a deposition?

Don't prepare notes, documents or diaries: You cannot use any notes, diaries or any other documents to assist you during your deposition unless the document has been approved by your attorney prior to the deposition.

Can you ask questions back at a deposition?

Remember that a deposition is not the same as a court trial. While it does hold significant weight and can be used as evidence, it happens before the actual trial. Therefore, the judge is not there to ask questions or make any kind of judgment yet.

How long after deposition is settlement?

On this point, I would say the answer would be an average of 3 months before or from your trial. For clarity, I'm distinguishing between a “settlement offer” and a “final settlement”. Settlement offers are all over the place.

How do you answer tricky deposition questions?

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.

How do you beat 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...

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.

Are client notes privileged?

A client's uncommunicated notes can deserve privilege protection if they (1) represent the client's description of facts, prepared with the intent to seek legal advice about those facts, or (2) memorialize the lawyer's legal advice.

Can witness use notes?

However, even if permitted to take paperwork to the stand, a witness should not access or look at anything, including notes or reports, without obtaining permission.

Are personal diaries discoverable?

Diaries are, however, private as opposed to confidential. Barring extraordinary circumstances, diaries cannot be published or broadcast without permission.

How do you answer tricky deposition questions?

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.

How do you win 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 handle a difficult deposition question?

How to Handle a Deposition: Advice from an OMIC Defense AttorneyTell 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...

Can you refuse to answer a question in court?

Right to refuse to answer a question The right to refuse is known as a privilege. Privilege applies in the following situations: Privilege against self-incrimination: means that you can refuse to answer questions or hand over documents that may implicate you in criminal proceedings.

How do you avoid a deposition question?

As the deponent is under oath during the session they are required to provide truthful answers to all questions asked. This makes it a little challenging to avoid questions.

What should you not say during a deposition?

For many people, a deposition is a very nerve wracking experience, however, it is important to ensure that you do not say the wrong thing.

How do you have a successful deposition?

Calmness and honesty will prove crucial in the success of a deposition. An attorney will be able to defend your case but will also be able to prepare you for what you are likely to be asked.

What does the opposing counsel have to explain?

If the question relates to privileged information where there are confidential details or private information, the opposing counsel will have to explain how this information bears any relevance to the proceedings of the case.

How many copies of the deposition papers are needed?

If so, you will need to have 3 copies available. One will be given to your attorney, the other to the opposing counsel and you will need a copy yourself. If needed you may then refer to this document during your deposition.

What happens if you refuse to answer multiple questions?

As a result, the lawyer of the defense is likely to mark it for a ruling.

What is a deposition in law?

A deposition is a legal term used to describe a formal session that is carried out to gather sworn evidence and the testimony of the witness to find out what they know.

What is a Deposition?

Depositions are used by parties to obtain relevant evidence about the case. Evidence is material that supports one party’s claims or more contentions. For example, if a plaintiff in an auto accident case claims the defendant driver was negligent, the plaintiff’s attorney can depose the driver. The attorney can ask the driver if there were any conditions that impaired the driver’s performance before the accident. Such conditions may include whether it was raining, or whether the driver neglected to wear their glasses.

What Happens During a Deposition?

During the deposition, attorneys from each side ask witnesses a series of questions. For example, in a car accident case filed by a plaintiff, an attorney for the plaintiff may ask the defendant a series of questions. The questions during a deposition are “who, what, when, where, and how” questions.” The questions are designed to obtain relevant information.

Do I Need an Attorney for My Deposition?

If you have been injured through someone’s negligence, you should consult a personal injury attorney. An experienced personal injury attorney can review the facts of your case. The attorney can represent you at the deposition, and at trial.

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 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.

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 questions are asked at the start of a deposition?

However, simple questions are often interspersed with questions that can prove revealing, such as “Where do you live?” and “Do you live alone?”

Can a deposing attorney use your words against you?

Beware of any question that requires a long answer. Deposing attorneys can always use your words against you, and you may not fully consider your word choices when giving your opinion.

Can an attorney ask questions during a deposition?

In addition, attorneys on both sides will often agree to keep deposition objections to a minimum to make the process go more smoothly. This does not mean that the deposing attorney can ask you any questions he wants and you must answer; it means that both attorneys have agreed to keep the line of questioning relevant and to the point. If the opposing attorney strays from this agreement, your attorney will be allowed to do the same with his clients, so it is best for both advisors to stay on task.

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 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 to do if playback doesn't begin?

If playback doesn't begin shortly, try restarting your device.

What does a defense lawyer need to ask a question?

The defense lawyer must have a good faith basis to ask the question.

What happens when you bring a lawsuit?

When you bring a lawsuit the defense lawyer has a chance to ask you questions.

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 the process called when you are claiming a result of someone's carelessness?

That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.

David Ivan Bliven

Personal decency is never an issue in any divorce action anywhere. However, if the wife spent lavishly on her lover, then the economic waste of marital assets may be an issue. Check with your attorney as to his approach to this.

Peter Christopher Lomtevas

First and foremost, I'm licensed in FL, not NY, so the laws could differ some. Notwithstanding this point, an attorney is generally free to ask whatever questions he/she chooses during a deposition so long as the questions are pertinent to the case and do not harass the deponent.

Donald Hodson

Unfortunately, these days it makes no difference. Unless you can prove she was spending major funds on him or otherwise an affair really has no affect on any other factors of a divorce. Thereby, if your wife was the one paying for hotels, etc...her finances will show that and maybe then you can depose him but otherwise probably not.

Understanding Introductory Questions

Basic Background Questions

Preparing For A Deposition

• The deposing attorney is allowed to ask questions about how you have prepared for the deposition. This is primarily to establish whether or not you have been involved in any unethical practices, such as being told to say a specific thing. Some of the most common questions asked in this way include: 1. What documents associated with the case have yo...

See more on forthepeople.com