what happens in a deposition can i ask my attorney questions?

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.

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What should you not say during a deposition?

What should you not say in a deposition?

• Never 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.

What types of questions are asked at a deposition?

What Questions Are Asked at a Deposition?

• Financial. Financial information is an essential aspect of divorce cases, especially when there is a division of property, assets, and debts.
• Child Custody. ...
• Physical and Mental Health. ...
• Recreational Activities. ...
• Living Situation. ...
• Specific Events and Dates. ...

What will they ask in a deposition?

• General background information such as name, address, date of birth, who is in your family, education, work history, etc.
• Information about your physical condition before the injury occurred. ...
• Information about the accident – how did it happen? ...
• Information about your medical treatment and physical condition after the injury occurred. ...

More items...

What questions will be asked during deposition?

• Your name and address
• Your education and job history
• Your health and earning capacity
• Your assets and financial situation
• Child care and custody
• Specific incidents and dates during your marriage
• Your dangerous habits or hobbies

Can personal questions be asked in a deposition?

What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.

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...•

Do you have to answer irrelevant questions in a deposition?

Can I refuse to answer questions at 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).

What types of information can you not disclose at the deposition?

Avoid Providing Privileged Information Questions involving personal information, privileged information, or irrelevant information are against the rules unless the opposing lawyer can explain why the answer is relevant.

What 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.

How do you stay calm in a deposition?

Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.

How do you answer 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...

How do you refuse to answer a question?

Good ways to say anything but "No Comment" to questions you really don't want to answer:"I'm sorry but I'm not able to speak to that subject""Thanks for asking but I'm not able to answer that question""I'm sorry but that information is proprietary"

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.

What is considered 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.

How do you do well in 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...

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.

What is the person who videotapes a deposition called?

The person videotaping the deposition is called a videographer. During the deposition, a witness must truthfully answer questions asked of them. After the attorney for one side completes their deposition of the other party, the other party’s attorney may then ask their client questions.

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.

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.

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 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.

What factors go into finding a 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.

What is a civil deposition?

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.

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 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.

Can you ask the same question at a deposition?

He may not be able to ask that same question at trial, but during a deposition, it may be fair game. Even if he gets an answer to a strange question, again, it doesn't mean he'll be able to use it later on at trial. You need to know that during this pretrial question and answer session there are two types of questions which you should NEVER answer.

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

Can a defense lawyer talk to a witness?

Regardless, the defense lawyer knows he will be unable to get a witness to talk about the conversation you had with your lawyer. He can learn that you had a conversation. That's fine. He will try and imply that something sinister is going on because you talked to your attorney before your deposition.

Can you refuse to answer a question in a deposition?

In the majority of cases, the deponent is required to answer all questions that they are asked. However, in some circumstances, they can refuse to answer.

How do you answer tricky deposition questions?

If you are asked tricky deposition questions, you must approach them carefully. Often, the defense counsel will ask questions that the deponent is not qualified or informed enough to answer.

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.

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.

How do you prepare for a deposition?

Preparing for a deposition can seem like a daunting task. Hiring an attorney will make it much easier. Often witnesses are discouraged from preparing for their deposition alone without the assistance of a professional in this field.

What should I bring to deposition?

The documentation that you bring to your deposition can help to support your argument, however, there is a risk of bringing too many documents. You may have been instructed to bring particular documents by your attorney.

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.

What to say when you don't remember something?

Everybody forgets things. If you don’t remember something, say “I don’t remember”. Don’t try to fill in the answer with what you guess is the right answer because once you give an answer in a deposition, you can’t change it. 7. Don’t be afraid to say “I don’t understand” or “I’m not 100% sure what you’re asking”.

How long before a car accident should you have a medical record?

If you are making a claim for low back pain and a herniated lumbar disc from a car accident, you should know whether there are any documented complaints of low back pain in your medical records in the five or ten years before the accident. Your attorney should have most or all of your medical records.

How many breaks should I take during a deposition?

I advise taking at least one break every forty five minutes. 6. Don’t be afraid to say “I don’t remember”.

What information do you need to know about a slip and fall?

Information about your physical condition before the injury occurred . For example, in a slip and fall case where you broke your left arm, the defense lawyer is going to want to know if you are left-handed or right-handed, and he or she will want to know if you had any problems using that arm before the accident.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

Is a defense attorney a paragraph?

It should not be a paragraph, a chapter or a book. If your answer is longer than a sentence, you are giving too much information. The defense attorney is being paid by the hour to formulate intelligent questions. Let him do his job and come up with some follow-up questions.

Can opposing counsel ask questions?

The opposing party can be asked questions by their own attorney. There are many reasons why the opposing counsel will not want extensive testimony by their client in a deposition.

Can a deponent ask a question at a deposition?

Yes, any party (or their attorney if represented by an attorney) can ask the deponent questions at the deposition. It is fairly rare for the deponent's attorney to ask questions of the attorney's own client, except to clarify points raised earlier in the deposition.

Alan Ray Barnes

The opposing lawyer probably noticed the deposition, and will therefore ask questions first. All of the other lawyers - including your own lawyer - are also entitled to ask questions. It would be very unusual, however, for your lawyer to do so.

Nicholas Basil Spirtos

If you are a party to a lawsuit, then the other side will typically send your attorney a deposition notice requiring you to appear at a specific date and time. At the deposition, any attorney or party can ask you questions. The attorney noticing the deposition usually asks questions first.

Sagar P. Parikh

Whomever noticed the deposition is who asks the question. If the party who noticed it has an attorney, it will be the attorney. Otherwise, it will be the party itself.

What does "find out the specific documents reviewed, places visited and persons met with by the witness" mean?

(Find out the specific documents reviewed, places visited and persons met with by the witness. This will show you what the witness or adverse party perceived as either their weakest or their most important topics, and also may lead to evidence you did not know existed.)

Is a conviction for moral turpitude admissible?

(Felony convictions and any convictions for moral turpitude are usually admissible for impeachment. Because this question may lead to admissible evidence, this question is a proper discovery question, even if the fact of an arrest is not admissible at trial. Incidentally, because this question is not expected, it shakes the adverse witness’s composure.)