A deposition is a face-to-face meeting where the attorneys are allowed to ask a witness questions under oath while a court reporter transcribes the session. Any witness that may offer relevant information about the case at trial can be deposed, including you, your doctors, and your friends and family.
Either side may request a deposition at any time, but the request is most likely to come after you and your attorney have responded to interrogatories (written questions) and requests for production of documents. If your deposition is requested, it is very important that you prepare for this with your attorney.
Your conduct at the deposition can influence the value assigned to the case and also affect the likelihood of whether the case will settle before trial. A deposition is a little like an oral version of interrogatories.
Many of our clients at Davis Law Group are nervous before depositions, but that is quite common especially if it is your first deposition. Not to worry however. Your lawyer will be there to observe throughout the deposition and can object to inappropriate questions or ask for breaks if you need them. This is important, because it is essential for you to stay calm and professional during a deposition.
The deposition is the first opportunity for the other side to evaluate you in person, so you should appear neat and as confident as possible. You should usually dress neatly and conservative so you make a good impression.
Your lawyer (or his or her staff) should prepare you ahead of time for the questions in your deposition. You may be asked to attend a meeting where you review all of the written information your lawyer has, as well as any responses you gave to interrogatories. It is especially important to make sure that your testimony is truthful and consistent with these interrogatory responses, because the lawyer for the defendant will probably question you closely about any inconsistencies. This process should also help refresh your memory about the details of your injuries, your treatment and your recovery.
At your deposition, you will probably start by reviewing the information in your written interrogatory responses. The deposition is an opportunity for the other side’s lawyer to clarify or have you explain those written answers, and to obtain additional information. As we said, it is important to make sure that your testimony is truthful and consistent with your interrogatory responses, so the other lawyer does not spy a seeming inconsistency between your oral testimony and your written testimony.
Your answers in a deposition should be based on your own personal knowledge; do not guess. If you do not know or remember the answer to a question, you should say so. Many people feel embarrassed to admit they do not know something or had a memory lapse, but these things are quite common. No person is expected to remember every little detail about past events. It is only human. But when you are under oath, it is important to be as straightforward as possible.
As with the written discovery, you may feel that some of the questions are invasive or do not directly relate to your accident. However, unless your lawyer objects or tells you not to respond, you should answer every question in the most honest way you can. The court rules actually give wide latitude to the lawyer on what questions can be asked, or what areas can be covered. If some of the questions upset you, you can usually take a break during your deposition testimony, although you may have to respond to any unanswered questions first. If you would like a break, you can simply tell your lawyer. If the break is allowed, you will be permitted to get up, walk around, get a drink of water or just clear your head.
Your deposition is a very good opportunity for you to answer the defense attorney’s questions succintly and without interruption. The deposition is one of the more important legal proceedings in your case. So please make sure you prepare for it and ask your lawyer any questions to help you feel more at ease.
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