what to ask attorney for following a deposition

After the attorney for one side completes their deposition of the other party, the other party’s attorney may then ask their client questions. These questions serve as “follow-up” or “clarifying” questions. If necessary, the other attorney may then ask “redirect” questions – questions relating to the follow-up or clarifying questions.

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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.

What should I do before my Deposition?

Prior to your deposition, you should review perceived weak areas in your case with your attorney so that you will know how to address them if questions arise during your deposition. 6.

How do I find 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. Litigation costs are all the expenses made during a lawsuit.

How can I be a good witness during a deposition?

The following tips, if exercised, should help you be a good witness during your deposition. 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

What happens after the deposition?

After the deposition, the lawyers will gather and review the transcription(s), documentation, and other evidence from the discovery period. Then, they will try to build a case based on what was revealed. At this point, it may become clear that a trial will only harm their client and they'll push for a settlement.

What is the best way to answer a question in a deposition?

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...

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.

What objections can be made in a deposition?

A Consolidated List of Proper Deposition ObjectionsHearsay. You're free to object to a question of hearsay during a trial. ... Assume facts, not in evidence. It depends. ... Calls for an opinion. ... Speaking and coaching objections. ... Privilege. ... Form. ... Mischaracterizes earlier testimony. ... Asked and answered.More items...

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...

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...•

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 stressful is a deposition?

Potentially one of the highest pressure, highest stakes public speaking situations is on the witness stand in a courtroom or during a deposition. Even the most experienced witnesses can feel anxiety, which left unaddressed can hinder their testimony.

Can you look at notes during a deposition?

You should not bring any notes, diaries, or other records to help you state your case during a deposition unless they have been thoroughly reviewed by your attorney. This is because any document you produce may be examined by the opposing counsel, and can potentially be used against you.

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.

What are usual stipulations in deposition?

Study the Rules I now know that the “usual stipulations” mean that you are reserving, not waiving, your objections until the time of trial, except objections as to form. You are also agreeing that the deposition was properly noticed and the court reporter is duly qualified.

What is assume facts not in evidence?

Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown. Badgering: counsel is antagonizing the witness to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness.

What is the Oregon deposition law?

Depositions are governed in Oregon by ORCP 39, which sets forth the legal requirements and procedures for a deposition. However, for the personal injury client, the most important thing to worry about is that you are properly prepared for your deposition in your personal injury case.

How to prepare for a defense attorney?

By being prepared you can make a good, truthful and forthright impression. 2. Think before answering .

What is the duty of a lawyer to answer a question?

Your duty is to tell the truth and answer only the question that has been asked. 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.

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.

What is evidence in a personal injury lawsuit?

Oftentimes documents or photographs will be evidence in a personal injury lawsuit and will be exhibits in your deposition. You may be asked by the defendant’s attorney detailed questions about a document or photograph. The attorney may also read a portion of a document to you and then ask you questions about it.

Why is it important to review the facts of your case with your attorney?

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. potential weak spots in your case, but also for remembering and knowing all of the strong points in your case.

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 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.

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 a defense attorney ask a question about a convicted spousal abuse case?

The defense lawyer must have a good faith basis to ask the question. He can't ask it just for kicks.

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.

What to expect at a deposition?

The best way to understand what to expect at your deposition is to talk with your attorney about the process. Your attorney has a vested interest in making sure you handle the other side's questions the right way, and she will make sure you’re as prepared as possible. If you have any specific concerns, just ask.

Is a deposition stressful?

No. A deposition can certainly be stressful, but often the anticipation is more unpleasant than the actual experience. Preparation can make your personal injury deposition experience a lot less intimidating. The best way to understand what to expect at your deposition is to talk with your attorney about the process.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. You file a personal injury lawsuit over your car accident or your slip and fall, and a few weeks later you get a call from your lawyer: "Your deposition has been scheduled," she tells you.

What to ask in a deposition?

What to Ask in Every Deposition 1 The standard preliminary questions ( see related post, " Preliminary Deposition Questions: What's Their Purpose? "); 2 How the witness prepared for the deposition; 3 Statements by your client that the witness heard; 4 The identity of other witnesses; 5 Statements made by other witnesses; 6 The witness's relationship to other witnesses in the case; 7 Convictions; 8 Conversations about the incident, lawsuit, or deposition; 9 Admissions, i.e., testimony that will bolster your case.

What is admissions in a case?

The identity of other witnesses; Statements made by other witnesses; The witness's relationship to other witnesses in the case; Convictions; Conversations about the incident, lawsuit, or deposition; Admissions, i.e., testimony that will bolster your case.

How to prepare for a deposition as a defense attorney?

As the defending attorney, it’s important for you to prepare them for their deposition so they can be calm, cool and collected. Practical Law provides the following Checklist for a testifying witness to follow: Speak Slowly and Clearly. Answer the questions orally (not with a gesture like a nod of the head).

Why is it important to prepare for a deposition?

Chances are your witness is anxious. As the defending attorney, it’s important for you to prepare them for their deposition so they can be calm, cool and collected. Practical Law provides the following Checklist for a testifying witness to follow:

Why is it important to tell the truth during a deposition?

Telling the truth during the deposition is critical because: you must swear or affirm to tell the truth at the beginning of the deposition, as if you were testifying in court before a judge; lying under oath is a crime; untruthful statements are often revealed by other conflicting testimony or documents;

Can an opposing counsel be accused of perjury?

opposing counsel's accusations of perjury can lead to lengthy and expensive motion practice that distracts from the merits of the case; and. ethics rules may compel an attorney to inform the court if she knows that a witness has testified falsely. Every case has bad facts.