Can I answer "I don't remember" in a deposition?
Asked by: Mary Sawayn | Last update: February 27, 2026Score: 4.2/5 (4 votes)
It is acceptable to answer "I don't remember" or "I don't recall" in a deposition if the response is truthful. This prevents guessing, speculation, or inconsistencies later. However, many "I don't remember" answers on important points can be seen as evasive. Honesty regarding memory is key.
Can you say "I don't remember" in a deposition?
A deposition is not a test. You don't get credit for guessing. If you don't remember the facts that would answer a particular question, just say, “I don't remember.” If you are not absolutely certain about your answer, qualify your answer with something like, “To the best of my recollection right now …”
What should you not answer in a deposition?
In a deposition, you should not lie, guess, speculate, volunteer extra information, get emotional, or use absolutes like "always" or "never," because these undermine credibility and can be used against you in court. Instead, listen carefully, answer only the question asked (simply "yes" or "no" if appropriate), and stick to what you personally know, asking for clarification on confusing or hypothetical questions, say "I don't recall" if you don't know, and maintain a calm, professional demeanor.
What happens if you forgot something in a deposition?
You will be sworn in and obligated to answer truthfully to the best of your recollection. The party via their counsel taking the deposition is typically entitled to your best estimate as long as it's not a guess. They may use documents to seek to refresh your memory.
Can you say I don't recall in court?
If you're under oath, lying is perjury, and you could be charged with that – especially if what you're falsely claiming not to recall is material to the case. People too often think they can get away with it because no one else can prove what they do or don't remember.
Defense witness: Don't put words in my mouth
What to say in court when you don't remember?
If you do not remember, say you don't remember – not that you do not know. Do not guess if you are not sure, unless you are instructed to give an estimate. If you make mistakes in answering, correct yourself as soon as you realize your mistake.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
What are the common lawyer deposition tricks?
The Top 10 Tricks Lawyers Use In Depositions
- Think before you speak. Do you know what types of tricks lawyers use in depositions? ...
- Listen carefully. ...
- Don't interrupt. ...
- Listen to any objections. ...
- Ask to review documents. ...
- Provide an explanation. ...
- Verbalize your thoughts. ...
- Stay calm.
What is the hardest question to ask a lawyer?
The hardest questions for a lawyer aren't about legal facts, but about deeply personal situations, like "How can I protect my children from abusive relatives if something happens to me?" or asking for a brutally honest "What is the likely worst-case outcome for my case, and what are my real chances of winning?", pushing beyond generic advice to uncover hidden challenges, their true battlefield experience, and if they're just sugarcoating the difficult realities of your specific legal problem.
Can I ignore a deposition?
Contempt of Court: Failure to appear for a deposition often incurs a contempt of court ruling, the consequences of which can be severe.
What makes you look bad in court?
Dress Like You Are Going to Church
No low necklines, shorts, stiletto heels, tight jeans (actually, avoid jeans altogether), or sleeveless shirts. If you are wearing a button-up shirt, make sure it is fully buttoned and wear an undershirt or, if it is cool out, a sweater.
How to answer tricky deposition questions?
Think before answering. Listen to the entire question and think about it before answering. By waiting for the entire question to be asked and not jumping in with an answer to what you think is the question, you will not mistakenly give away information that the other attorney was not actually asking about.
Do cases usually settle after deposition?
Yes, most personal injury cases settle, and depositions significantly increase the likelihood of settlement by clarifying case strengths and weaknesses, often leading to intensified negotiations and resolution within weeks or months, though complex cases can take much longer. Depositions provide crucial information for attorneys to evaluate their case and the opposing side's, driving settlement talks and sometimes leading to mediation soon after discovery concludes.
How to avoid answering questions in a deposition?
Federal Rules of Civil Procedure 30(c)(3) states, in pertinent part: “A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3).” It is therefore clear that there are generally only three reasons ...
What if a witness says they don't remember?
Witnesses who claim not to remember, rather than deny a fact, may be prosecuted for perjury. However, the government must prove both that the witness at one time knew the fact and that the witness must have remembered it at the time he or she testified.
What should I not say in a deposition?
In a deposition, you should not lie, guess, speculate, volunteer extra information, get emotional, or use absolutes like "always" or "never," because these undermine credibility and can be used against you in court. Instead, listen carefully, answer only the question asked (simply "yes" or "no" if appropriate), and stick to what you personally know, asking for clarification on confusing or hypothetical questions, say "I don't recall" if you don't know, and maintain a calm, professional demeanor.
How to impress a judge in court?
To impress a judge, be prepared, respectful, and credible by dressing appropriately, arriving early, knowing your case thoroughly, staying calm and polite (using "Your Honor"), speaking clearly and directly, avoiding exaggeration or opinion, and showing active engagement through note-taking. Judges value clarity, honesty, and efficiency, so provide easy-to-understand facts and solutions rather than emotional outbursts or unrequested details, allowing your attorney to handle communication.
What not to tell the attorney?
You should not tell a lawyer to downplay injuries, admit fault, lie, exaggerate, withhold details, or trash-talk others involved; avoid telling them how to do their job, comparing them to other lawyers, being overly casual (like saying "you guys"), or discussing irrelevant personal info, as honesty is key, but focus on facts and let the lawyer guide strategy, especially regarding admissions or social media posts.
Is $400 an hour a lot for a lawyer?
Yes, $400 an hour is a significant rate for a lawyer, often reflecting experience, specialization, and location, falling at the higher end of average rates ($100-$400+) but can be standard or even considered a "deal" for highly specialized work in major cities, while being quite expensive in other areas or for less complex cases. Factors like the firm's size, location (big city vs. rural), the lawyer's expertise (e.g., corporate, IP vs. family law), and case complexity greatly influence this rate.
How to win your deposition?
Deposition Tips for Clients and Witnesses
- #1: Tell the Truth. ...
- #2: Demand Clarity. ...
- #3: Review Documents and Evidence Carefully. ...
- #4: Take Your Time. ...
- #5: Answer Concisely. ...
- #6: Don't Make Friends. ...
- #7: Don't Answer If… ...
- #8: Use Caution in Pleading the Fifth.
What makes you look better in court?
Dress nicely. You don't need to (and shouldn't) look like you're ready for a walk down the “Red-Carpet” – that would be overdoing it. Just a clean, attractive attire is sufficient. Something a judge would see as appropriate and respectful.
What are common deposition mistakes?
Saying anything inconsistent with previous testimony. Saying anything inconsistent with the testimony of another witness. Making substantial mistakes in approximating time or distance when describing the details surrounding your claim. Making substantial mistakes about the dates and times of your medical treatment.
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."