Can I answer I don't remember in a deposition?

What not to say during a deposition?

Can I 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 3 witnesses rule?

It is at this point in which the presence of the three witnesses is most needed, as it is their presence at the time of seizure and confiscation that would belie any doubt as to the source, identity, and integrity of the seized drug.

What is the difference between I don't know and I don't remember?

Naïve and expert participants defined “I don't know” (DK) and “I don't remember” (DR). DR was associated with lack of accessibility and forgetting, whereas DK was associated with never having learned the information.

What can discredit a witness?

An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.

What happens if you give the wrong answer in a deposition?

Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.

Do you have to tell the truth in a deposition?

Since a deposition is considered sworn testimony, you are expected to answer each question and tell the truth. You swear an oath to give honest answers to the questions the attorney asks.

Who asks questions first in a deposition?

The parties or their attorneys have the ability to ask questions of the person being deposed. Usually the person who requested the deposition will ask questions first.

Can you say you can't remember in court?

If you can't remember, then it's fine to say that to the court. And if you don't agree with what someone is asking you, then it's important to say that too. Remember, the court wants to hear what happened from you in your own words – not what anyone else thinks happened.

Is it perjury to say you don t remember?

Any time you provide testimony in a criminal case (yours or someone else's) under oath, whether it's verbally or in writing, you're required to tell the truth. If you don't, you could potentially face perjury charges.

How do you know if you did good in a deposition?

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.

What is the alternative of I don't know?

I'm not sure. I have no idea/I haven't a clue/ I haven't got the faintest idea/ I haven't got the foggiest idea (These expressions are the most common, and are used when you have no information and you cannot guess the answer to a question)

What is the acronym for I don't know?

IDK is an abbreviation for “I don't know.” It's a common misconception that IDK is part of internet-speak, a set of relatively new abbreviations and lingo we use to talk online or in text messages.

What is the importance of saying I don't know?

It Provides a Chance To Learn

Admitting that you have a knowledge gap gives others a chance to share thoughts and ideas. Allow your staff a chance to come to the rescue; solicit their suggestions. In a scenario that doesn't present a straightforward or clear answer, there may be many possible solutions.

What is the silent witness rule?

Procedure by which classified documents are put before counsel, the court, and the jury to be used as evidence at trial, but are not read in open court, so as to avoid making the information public in the interests of national security.

What is the two witness rule?

The "two witness" rule, derived from common law, governs the proof required for a perjury conviction under Section 1621. Weiler v. United States, 323 U.S. 606, 609 (1945). The rule means that a perjury conviction may not rest solely on the uncorroborated testimony of one witness.

What is the missing witness rule?

Missing Witness. If it is peculiarly within the power of the government to produce a witness who could give material testimony, or if the witness would be favorably disposed to the government, failure to call that witness may justify an inference that [his/her] testimony would be unfavorable to the government.

How do you swear in a witness for a deposition?

Please raise your right hand and respond to me: “Do you swear (affirm) that the testimony you are about to give in this arbitration is the truth, the whole truth, and nothing but the truth?”

Can taking the fifth be used against you?

Finally, an individual who has been convicted of a crime and sentenced cannot invoke the Fifth Amendment. When an individual takes the Fifth, her silence or refusal to answer questions cannot be used against her in a criminal case. A prosecutor cannot argue to the jury that the defendant's silence implies guilt.

When can you not plead the fifth?

Multiple courts have concluded that the Fifth Amendment only applies to evidence that is gathered through communication. Therefore, the Fifth Amendment cannot protect a person who does not want to have his or her fingerprints taken, blood drawn or DNA collected.