Can anything be asked in a deposition?

Asked by: Mrs. Telly Lindgren Sr.  |  Last update: August 24, 2023
Score: 4.6/5 (14 votes)

They can ask anything they want, including lots of embarrassing and personal stuff. At trial, they can point out differences between what you said at the deposition and what you say at trial, so don't say anything unless you are sure about it. Depositions can last two hours or more.

What questions Cannot be asked in a deposition?

In many cases, questions that do not have to be answered fall into three categories: Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own).

What can you ask during a deposition?

Background Questions

Background deposition questions examples could include: Identification – Name, aliases used, age, and place of birth. Residential – How long have you lived at your current residence, alone or with someone, and at other residences in the past.

What not to say during deposition?

What Should You Not Say During a Deposition?
  • Guessing or Speculating on Things. ...
  • Saying Things Out of Anger. ...
  • Rambling. ...
  • Speaking in Absolutes. ...
  • Stick to the Facts. ...
  • Take Your Time When Answering Questions. ...
  • Use “Yes” or “No” Answers Whenever Possible. ...
  • Get Through Each Question on Its Own.

Can anyone ask questions at a deposition?

It is when one party questions the other party or a witness outside of court, under oath, so that the parties know what that person will say at trial. The parties or their attorneys have the ability to ask questions of the person being deposed.

HOW TO CRUSH YOUR DEPOSITION (Top Strategies to a Great Deposition for Your Civil Case!)

31 related questions found

Can you answer I don't know in a deposition?

You should never really guess at an answer. You should never just make up something. You should just say, if you don't remember the answer to questions, “I don't know” or “I don't remember.” If you have an approximation, you can give an approximation.

Do I have to answer every question in a deposition?

You do not have to answer all of the questions presented in a deposition, however, you may be compelled to answer if the judge overrules the objection. Questions that you don't need to be answered typically fall into three categories: Private information -- questions about health, sexuality, religious beliefs.

Is it OK to cry during a deposition?

During your deposition, you will almost certainly get asked questions that will upset you. It is okay to show emotion or even cry if you need to. However, you must be careful not to let your emotions interfere with your ability to answer questions carefully and honestly.

How long after deposition will they settle?

After a deposition, it may take several weeks to several months to receive a settlement. The length of time required will vary depending on how complicated the case is and how much evidence must be obtained. In most cases, the sooner you have your deposition, the sooner you expect to receive your settlement.

How do you succeed in a deposition?

Although being on the hot seat will certainly be slightly uncomfortable, if you keep these tips in mind, the deposition is likely to go smoothly.
  1. Prepare. ...
  2. Tell the Truth. ...
  3. Be Mindful of the Transcript. ...
  4. Answer Only the Question Presented. ...
  5. Answer Only as to What You Know. ...
  6. Stay Calm. ...
  7. Ask to See Exhibits. ...
  8. Don't Be Bullied.

Do you have to talk in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.

Can you bring notes to a deposition?

No, you cannot bring notes to a deposition. At a deposition, you must testify from memory. You cannot rely on a writing or diary that you bring with you. In fact, if you try to bring notes to a deposition, you can assume that the other side is going to ask for a copy of your notes.

Can a settlement be made at a deposition?

Negotiations in personal injury cases typically happen before, during, and even after a trial. The parties often continue negotiating back and forth until they reach a settlement. It's common for a settlement to be finalized during or after the deposition phase of a personal injury trial.

Can you plead the fifth in a deposition?

The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.

What is the leading question in a deposition?

Leading questions suggest the answer that you expect to get and literally “lead” the witness. An open ended question does not suggest the answer. An Example: Assume that you are trying to establish that the deponent was stealing office supplies and that he knew that he should not have been taking those supplies.

How do you answer a difficult deposition question?

When answering questions in a deposition, it's essential to stick to what you know and avoid speculating or guessing. If you're not sure of the answer to a question, it's okay to say so. However, you should avoid making assumptions or offering opinions that are not based on fact.

What's next after the deposition?

After the deposition is taken, the parties involved will review the transcript and may use it to negotiate a settlement. If the parties are unable to reach a settlement, the case will proceed to trial, where the deposition transcript can be used as evidence.

How do I know if my deposition went well?

The opposing attorney seemed satisfied with your answers:

The opposing attorney's demeanor can provide clues about whether they believe your testimony to be credible. If they appear satisfied or pleased with your answers, it's a positive indication that your deposition is going well.

Is a deposition a good thing?

Taking depositions is one of the most common methods of discovery, as statements given under oath enables parties to know in advance what a witness will say at a trial.

What happens to matter during deposition?

Deposition is when a substance in gas form changes states to become a solid. The gaseous substance gets deposited (usually as crystals) bypassing the intermediate liquid state. An example of deposition is when water vapor in the atmosphere changes directly into ice, such as the formation of frost.

How do you calm your nerves before a deposition?

Exercise will not only get your blood circulating, which will help keep your head clear, it will also help reduce stress and calm your nerves throughout the day ahead.

What are the negative effects of deposition?

Negative- A negative effect of deposition is that it takes away new land. In order for that new land to form, it has to erode away from somewhere else. Also, soil deposition causes acid rain.

What to say when you don t want to answer a question?

10 English Phrases to Avoid Answering a Question
  • #1 – No comment.
  • #2 – I'm not at liberty to say.
  • #3 – Wait and see.
  • #4 – Let me get back to you.
  • #5 – I'm sorry, that's confidential.
  • #6 – (Sorry) That's personal.
  • #7 – I'd rather not talk about it.
  • #8 – Mind your own business.

Can two attorneys ask questions at a deposition?

By the way, it is not necessarily abusive for two lawyers to question the deponent. Although tag teaming of lawyers usually isn't allowed in trial, the Discovery Act does not prohibit this in a deposition.

Is it OK to say I don't recall in court?

Any answer – even “I don't recall” – must be truthful

First of all, if you say you don't recall, you need to be telling the truth. If you don't “recall” something you've talked or otherwise communicated with people about, it may only be a matter of time before that comes to light and you could face a perjury charge.