Can I say no to a deposition?

Can you refuse to talk in a deposition?

Yes, you can refuse to answer a question during a deposition if it is protected by privilege (e.g., attorney-client privilege) or if it is irrelevant, harassing, or abusive. Your attorney can advise you on when it is appropriate to refuse.

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

Volunteering information that's not requested by the question usually just makes the process take longer. Don't guess, don't speculate, unless you're asked to. Don't be afraid to say, "I don't know," if, in fact, you really don't know.

What not to say during a deposition?

Will my case settle after deposition?

After a deposition, settlement can happen in days, weeks, or months, depending on your case specifics. If a settlement isn't reached, the case may go to trial, where a judge or jury decides. However, most personal injury cases settle before trial. Instead, they may offer the settlement well after the trial starts.

Can I answer "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 …”

How to defend yourself in a deposition?

Can you remain silent during a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.

Can you object to a deposition notice?

Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling. (§ 2025.410(c).)

Do you have to answer yes or no in a deposition?

Do you have to answer it? In almost every instance, the answer is yes, you do. There are only a few instances where you can get away with not answering a question.

Can you change what you say in a deposition?

The simple answer to if you can change your answers on your deposition is, yes, you can change your answers at any time. The biggest issue with a deposition is that you're not getting a list of questions that the other side is going to ask you in advance. So, your answers are all on the fly.

Can a plaintiff refuse a deposition?

Usually, a party or counsel do not have a right to refuse to proceed with a deposition when surprised by the presence of an unexpected and unwelcome person unless that party obtains a court order so allowing.

Does a deposition mean going to trial?

Regardless of the fact depositions and testimony are important, in some cases they may not be necessary. In fact, participating in a deposition doesn't necessarily mean your case will go to trial.

How long should a deposition last?

Typically, depositions last as long as seven (7) hours, although they can also be much shorter. At Schwartzapfel Lawyers, we prepare our clients for the possibility of shorter or longer sessions, depending on the case dynamics. To be prepared, you will also need to consider the impact of court rules and time limits.

Is it OK to cry during a deposition?

If you have been severely traumatized and have become depressed as a result of that trauma, it is expected that you will act depressed and perhaps cry, if appropriate, at your deposition.

Can I decline to answer questions at a deposition?

You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court. In many cases, questions that do not have to be answered fall into three categories: Private information.

Should I worry about a deposition?

Movies and TV have ingrained in us that depositions are scary things. But if you're properly prepared, and understand how the process works, depositions are nothing to be nervous or concerned about.

Can I avoid a deposition?

A deponent who, without justification, refuses a deposition when requested via subpoena may be ordered to pay expenses caused by the failure, including attorney's fees for the side that requested the deposition.

Do depositions lead to settlement?

After deposition in a personal injury case, both sides will have time to negotiate a mutually-agreeable settlement. The testimony taken in a deposition should prove that the party being sued was negligent and caused the plaintiff's injury. Depositions are part of the “discovery” phase of a trial.

What to say when you don't want to answer a question in court?

If you don't want to answer a question, don't ask the judge whether you must answer it. If it is an improper question, the prosecutor trying the case will object and take it up with the judge. If there is no objection, answer the question.