Can you answer "I don't know" in a deposition?
Asked by: scraper | Last update: September 24, 2026Score: 0/5 (0 votes)
Yes. Saying "I don't know" or "I don't recall" is not just acceptable, it is the correct and required response if you genuinely do not have the answer. Guessing or speculating under oath can seriously damage your credibility and hurt your case.
Can I answer "I don't remember" in a deposition?
If you are asked when something occurred and you know it occurred on January 15, do not state “about January, 15.” If you cannot recall, simply say “I don't remember.” Do not guess. Deposition witnesses often fall into the trap of feeling that they have to know the answer to every question.
Can you not answer questions in a deposition?
Can You Refuse to Answer Certain Questions? While you must generally answer deposition questions truthfully, there are some exceptions: Objections by Your Attorney: Your lawyer may object if a question is irrelevant, overly broad, or designed to harass you.
What are the best answers in a deposition?
The "best" deposition answers are the truth, provided clearly, concisely, and without volunteering unprompted information. Stick strictly to these five best answers:
What not to say during a deposition?
TL;DR: During a deposition, never guess, volunteer extra information, use absolute words like “always” or “never,” express opinions, or argue with the questioning attorney. Your testimony is under oath, and any misstatement can damage your credibility and the outcome of your case.
What To Avoid Saying During a Deposition | Phoenix Lawyers
How to win in a deposition?
Winning a deposition doesn't mean securing a final verdict; it means protecting your credibility, avoiding traps, and not hurting your case. The core strategy is to be truthful, demand absolute clarity, provide concise answers, and never volunteer unrequested information.
What colors do judges like to see?
Judges and juries respond best to conservative, muted, and neutral tones. Navy blue, charcoal gray, and dark gray are the top choices. These colors convey respect, trustworthiness, and seriousness.
Should you smile during a deposition?
Smile. It is very hard for an attorney to keep up a façade of nastiness in the face of pleasantness. A jury would respond well to a smile, and you should always comport yourself as if there is a jury sitting right in the room with you.
Do most cases settle after a deposition?
Over 95% of personal injury cases settle before trial, often after depositions. Depositions clarify each side's strengths and weaknesses, increasing pressure to settle. Many cases resolve within weeks or months after depositions, depending on complexity, deposition performance, and expert testimony.
How much of a $100K settlement will I get?
How much of a $100K settlement will I get? Out of a $100,000 settlement, deductions may include attorney fees, unpaid medical bills, and insurance claim liens. After those are paid, most plaintiffs retain around 60–75% of the total, though it varies based on case details and whether you owe any third-party costs.
What is the best color to wear to a deposition?
The best colors to wear for a deposition are solid, conservative neutrals such as navy blue, charcoal gray, or dark brown. These colors convey respect, seriousness, and professionalism without distracting from your testimony.
What to say in court when you don't want to answer a question?
If you do not want to answer a question in court, the most direct and legally protected response is to invoke your constitutional rights, specifically by stating, "I am exercising my Fifth Amendment rights" or "I refuse to answer that question on the grounds that it may incriminate me". For non-incriminating questions, you may state, "I do not recall".
What is the B word for lawyer?
The "b" word for a lawyer is barrister, which refers to a specific type of lawyer, common in the UK and Commonwealth countries, who specializes in courtroom advocacy and representing clients in higher courts.
What questions do I not have to answer in a deposition?
In general, if a questions involves one of the following, you may choose to avoid answering during the deposition: Privileged Information – If you are asked about confidential conversations that involve a doctor, psychiatrist, lawyer, confession given to a priest, or other person, you may decline to answer.
What percent of civil cases actually go to trial?
According to the Judicial Council of California, more than 95% of civil cases and often closer to 98% resolve before going to trial.
What is the five question rule?
The five-question rule disciplines lawyers to give appropriate thought to cross-examination before conducting it. The rule requires attorneys to analyze the goals to be pursued and to carefully draft the initial questions.
What not to say during deposition?
In a deposition, never volunteer extra information, guess, speculate, or use absolute words like "always" or "never". Speak only the truth, but if you do not know or remember the answer, simply state, "I don't know" or "I don't recall".
What assets cannot be touched in a lawsuit?
Unless you take steps to protect them, most assets are not protected in a lawsuit. One of the few exceptions to this is your employer-sponsored IRA, 401(k), or another retirement account. At Bratton Estate and Elder Care Attorneys, our lawyers recommend putting an asset protection plan in place before you need it.
What colors do judges like?
Judges favor conservative, neutral colors that convey professionalism, respect, and seriousness. The best colors to wear are navy blue, charcoal gray, dark gray, and black. These tones command respect without causing visual distraction.
Do judges care about text messages?
Yes, a judge will look at text messages—but only if they are officially submitted as evidence, legally obtained, and properly formatted.
What does "oye oye oye" mean in court?
"Oyez, oyez, oyez" (pronounced oh-yay) is a traditional court call meaning "Hear ye!" or "Listen!" Derived from Anglo-Norman French and used three times, it serves as a formal command to command silence and attention at the opening of a court session, particularly in the Supreme Court of the United States.
How to impress a judge?
To impress a judge, be punctual, dress conservatively, and demonstrate absolute respect. Speak concisely, address the bench as "Your Honor," and maintain emotional control. Judges are focused on procedure; never argue, interrupt, or show frustration with the court or opposing side.
What to wear to court to impress a judge?
Dress in Business Casual, Dress Properly
For men, opt for a suit and tie or a button-down shirt; anything that falls under business attire is a good option. Women can choose a business-appropriate dress, skirt, or pantsuit. Avoid flashy colors or overly casual attire.
What colors not to wear to court?
Avoid wearing bright, neon, or distracting colors to court, such as red, orange, yellow, or hot pink, as these can appear disrespectful or unprofessional. Stick to neutral tones like navy blue, charcoal gray, or beige to project seriousness and respect for the legal proceedings.