Giving a Deposition

You are about to give a deposition under oath. What should you consider?

You should answer the question truthfully. Many people believe that they can conceal the truth and get away with it.

A good lawyer will, however, figure out a way to learn the truth. Your case will suffer dramatically if, at trial, the other lawyer can prove you did not testify truthfully. So, always tell the truth.

The other lawyer is trying learn what you will say if the case goes to trial. So, she gets a big advantage knowing this in advance so she can better prepare to cross-examine you.

The opposite is true. She is at a disadvantage if she does not know what you are going to say at trial.

For this reason, you should use as few words as are necessary to give an accurate, truthful answer.

Here is a good example :  If the lawyer points to your watch and asks you “Do you know the time”, your truthful answer should be “yes”. The answer is not “1:30.” Remember, he did not ask you to tell him the time; he only asked if you knew the time.

A good lawyer will act friendly. But remember, her goal is to win the case for her client. You cannot win the case by talking the other lawyer out of her position

The purpose of a deposition is not to tell your story. That will happen at trial.

As stated above, the reason the other lawyer is taking your deposition is to get advance notice of what you will say at trial.

As a result, do not make speeches and do not try to persuade the other lawyer that he is wrong.

You should, of course, be represented by a lawyer at your deposition. If so, it is his job to decide when questions are unfair or should not be answered.

This means you should not argue with the other lawyer. Let your lawyer do his job.

Sometimes you just do not know or just do not remember. Those are perfectly acceptable answers.

A deposition is not like a test at school. You do not get any benefit from guessing at the answers. If you really do not know, just say so.

So, what happens next? After the deposition is over, the court reporter will transcribe your testimony and deliver a copy to your lawyer. After that, you will then have 30 days to read it and make any corrections.

If, after reflection, you realize you gave an incorrect answer, you are entitled to correct it. So, do not keep yourself awake after the deposition worrying about whether you made a mistake. Be aware that the Rules give you adequate time to correct any mistakes.

If you need representation at a deposition, call the Panter Law Firm for a consultation at 601-607-3156.

www.craigpanterlaw.com

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