what to know for giving a deposition without an attorney

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.May 19, 2020

How do you prepare for a disposition?

Deposition TipsBe prepared. ... Think before answering. ... Never volunteer information. ... Make sure you understand the question. ... You must tell the truth. ... Don't get rattled or upset. ... Don't guess. ... If you do not remember, say so.More items...

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.

Do you know the questions before a deposition?

Depositions are not a trial. The scope of questions is unlimited, and attorneys have the right to ask broad questions on topics that may seem irrelevant. Many topics covered in Depositions are not admissible at trial. You must answer all questions unless your attorney instructs you not to.

How do you handle a difficult deposition question?

What follows are numerous points or rules to keep in mind throughout the deposition.Tell 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...

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 can I ask about at a deposition?

Basic Background QuestionsWhat is your full name?Have you ever used any other names? Maiden name?Do you have any nicknames? What are they?What is your date of birth? Where were you born?What is your age?What is your social security number?Mar 22, 2017

What are examples of deposition?

The most typical example of deposition would be frost. Frost is the deposition of water vapour from humid air or air containing water vapour on to a solid surface. Solid frost is formed when a surface, for example a leaf, is at a temperature lower than the freezing point of water and the surrounding air is humid.

What is the purpose of a deposition?

Overview. A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

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 the process of deposition?

Deposition is the geological process in which sediments, soil and rocks are added to a landform or landmass. Wind, ice, water, and gravity transport previously weathered surface material, which, at the loss of enough kinetic energy in the fluid, is deposited, building up layers of sediment.

How do you avoid yes or no questions in court?

Give the answer in your own words, and if a question can't be truthfully answered with a “yes” or “no” answer, explain the answer. If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate.Mar 3, 2014

When are depositions taken?

1 . In most cases, depositions are taken before a trial, but they might also be taken before the case is filed with the court or even after the trial.

What to wear to a deposition?

This means dressing professionally. You don't have to wear a suit or a dress, but jeans, cut-offs, and tank tops are definitely not options. Wear a shirt rather than a T-shirt. Don't overdo makeup or hairstyle.

What is the person who gives a deposition called?

Attorneys will ask you a series of questions to determine what knowledge you have about the case. 2 . The person giving the deposition is called the deponent.

Who is Jean Murray?

Jean Murray, MBA, Ph.D., is an experienced business writer and teacher. She has written for The Balance on U.S. business law and taxes since 2008. You've received a subpoena from a court telling you that you must give a deposition in a lawsuit. If the thought of giving a deposition panics you, you're not alone.

What is a deposit in a lawsuit?

Depositions are a vital part of the discovery process of a lawsuit. Both sides to the case are legally bound to share the information they possess. Both the defense and the prosecution have a right to know in advance what all witnesses will say at trial, so they can prepare their cases.

Do you need a lawyer if you are a witness?

Even if the company gives you an attorney, you may want to get your own. You might decide that you don't need a lawyer present if you're just a witness and the case is fairly simple. It's really up to you. You might want to look for a litigation attorney who specializes in this kind of law.

Can you be a witness at a deposition?

Giving a deposition might not be the end of your responsibilities. You still can be called as a witness at trial for the prosecution or defense. Be sure you give the same answers as in your deposition unless you remembered something new or something has changed.

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?

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.

1. Listen to the question carefully and only answer the question that is asked

The last thing you want to do in a deposition is volunteer information to the opposing side’s counsel. The more information you give them, the higher the chance that they will use this information against you and harm your case.

2. Pause before answering

This is perhaps the best piece of advice we can give someone going through a deposition. First of all, pausing allows the attorney to object. Note that a deponent should not object to questions; this is the attorney’s job. Second, this allows the deponent to make sure the question is complete.

6. Beware of compound questions

Compound or double questions are not only confusing, but also not allowed in a deposition. Your attorney should object to such questions. The questioner is required by law to pose two separate questions in place of the single compound question to obtain the information sought.

7. Beware of incorrect information implied by a question

Feel free to correct the opposing attorney on the record about any incorrect information implied by a question to create a clear record.

8. Listen to your attorney

You cannot confer with your attorney while a question is pending, i.e., before you give an answer. If you need to speak with your attorney during the deposition, request a break or to use the restroom to prevent having the request to speak with an attorney on record.

9. Listen to the objections

Your attorney may object to a question in a manner that will assist in providing a clear and accurate answer. For example, if your attorney objects to a question on the basis that the question calls for speculation, this may cause you to consider whether or not you can accurately answer the question.

12. Feel free to explain your answer

Unsurprisingly, lawyers like asking questions that can be answered by a simple “yes” or “no.” Of course, an answer isn’t always this straightforward. It’s important to explain your answer when required to clarify your yes or no answer

What is a notice of deposition?

What is a deposition and what does that mean for you, the witness? A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. A deposition generally serves two purposes: (1) find out what you know; and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial). The person asking the questions, the examiner, will ask a series of questions aimed at obtaining information which will help his or her client prove their case. But what if you are not a party to the lawsuit? Doesn’t matter- the Indiana Rules of Trial Procedure allow parties to a lawsuit to take the deposition of any person twenty days after a lawsuit has been filed.

What to do if you are not a party to a lawsuit?

If you are not a party to the lawsuit and do not have representation, retain an attorney for the limited purpose of defending you in your deposition. Prior to the deposition, meet with your attorney for a preparation session. Ask him or her to provide expected topics and go over sample questions.

What is the job of a witness?

Your job as the witness is to make the examiner ask good questions. If you do not understand the question, do not answer and ask the examiner to rephrase. If the examiner makes a statement and then pauses, you do not need to say anything. No question, no answer. A deposition is not a conversation.

Is a deposition a conversation?

A deposition is not a conversation. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge.

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