Deposition Tips

What Happens in a Deposition?

Deposition Tips

• Every word taken within your deposition is important thus you must take your time to answer. If you change answers at the trial the opposing counsel will likely point it out which could hurt your case. The easiest way to make sure your testimony remains consistent is, to be honest.

• Before answering each question, listen to the question then take a breath and count to three. This will ensure you take your time to answer and will also give your attorney time to object if they find it necessary.

• Only answer the exact question asked. Do not feel that you have to explain anymore. After you’ve answered, the examiner may look at you expecting more. This is a technique to pressure you to volunteer information. Don’t say anything unless you’re asked.

• Don’t explain your thoughts while coming up with an answer. Answer the question as clear as possible.

• You are not there to plead your case, you are there to answer questions honestly whether you feel it is good or bad for your case.

• No one is perfect, and every witness may not remember everything or may make a mistake. Admit you don’t know or that you made a mistake and they will work to correct it as soon as possible. The opposing attorney is not concerned if you know all the answers, they are concerned whether you are an honest, trustworthy witness.

• The opposing attorney will save hard questions for the end when you are more tired and susceptible. Be aware of this. 

• Do not answer if you do not understand the question. Don’t ask clarifying questions that may reveal more than you want. Repeat “I do not understand the question” until they clarify the question enough for you.

• Clarify complex questions. Ask them to rephrase until the question is simple enough to express an answer that is clear and concise.

• Attorney’s will ask you the same question in different ways to try to make you change your response. Use the same answer each time.

• Do not get angry or argue

• Be serious and stay detached

• Do not characterize your answer by saying, “to be honest” or something similar. Only answer the question asked.

• No Absolute statements, like always and never.

• Avoid anything that could be considered insensitive, obscene, derogatory, or hurtful to any race, sex, ethnic group, or religion.

• Do not attempt to joke or be humorous. Keep it all business.

• Avoid Hearsay

• Avoid Guesswork. Even if they ask you to guess you should reply with “I don’t know”

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