Can someone come with me in deposition?

Asked by: Emilio Breitenberg  |  Last update: February 9, 2025
Score: 5/5 (44 votes)

Typically, attorneys will not allow family members or friends to be present during the actual deposition. There are many reasons for this policy. First, your friend or relative may later be called to testify in the case. Hearing your testimony at deposition could influence their own testimony in some way.

Can I bring someone with me to a deposition?

' “The standard is pretty high,” Ethox added. “Courts tend to allow anyone with information relevant to a party's claims or defenses—including experts—to attend, un- less there really may be some problem with that person attending.”

Who can be in the room during a deposition?

People in the room during a deposition generally include:
  • The attorney who scheduled the deposition.
  • The deponent (witness)
  • The deponent's attorney.
  • A court reporter.
  • Legal videographer (optional)

What should you not answer in a deposition?

You should not say anything in a deposition that is not truthful and honest. The lawyer who represents you will make sure you are prepared for your deposition and may have additional advice on what you should and should not say.

Can family members attend a deposition?

Both witnesses and parties often wish to have family or friends attend the deposition, often for moral support, often because they may be able to provide advice to the witness during the breaks.

What Happens If I Make A Mistake In My Deposition?

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What are your rights during a deposition?

A deponent has specific rights that offer protection during the deposition process. They are entitled to know the scope of the deposition and can consult with their lawyer before answering any questions. Objections may be raised by their counsel if a question is inappropriate.

Who are the people present at a deposition?

As a practical matter, the only people present at most depositions are the examiner, the deponent, deponent's counsel, other parties' and/or their counsel, the court reporter, a videographer, and an interpreter, if necessary. Can the deposition be videotaped? Yes, it may.

How to win in a deposition?

Deposition Tips
  1. Be prepared. ...
  2. Think before answering. ...
  3. Never volunteer information. ...
  4. Make sure you understand the question. ...
  5. You must tell the truth. ...
  6. Don't get rattled or upset. ...
  7. Don't guess. ...
  8. If you do not remember, say so.

Can you plead the 5th in 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 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 settle during a deposition?

Until a judge or jury verdict is reached, a settlement can be made at any point in a personal injury case. A settlement offer can even be made at a deposition once the evidence and its indication of negligence and fault become clear.

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.

Do judges see depositions?

They have hundreds of cases, so they read what is pointed out to them in a deposition by parties submitting memorandums with their motions, but they do not read entire depositions.

Do both parties have to be at a deposition?

Usually only the parties, their lawyers, a transcriptionist/court reporter, and the witness who is being deposed will go to the depositions. The transcriptionist will type everything that is said so that the parties have a written record of the depositions, known as a transcript.

What if someone lies in a deposition?

The consequences of committing perjury are severe. If courts find you guilty of perjury, you could face up to five years in prison under federal law.

Can personal questions be asked in a deposition?

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.

Do you have to say yes to 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 ...

Can a witness refuse to testify?

If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.

Can you go to jail for pleading the fifth?

The 5th Amendment protects individuals from being forced to testify against themselves. An individual who pleads the 5th cannot be required to answer questions that would tend to incriminate himself or herself. Generally, there is no penalty against the individual for invoking their 5th Amendment rights.

What not to say in deposition?

Deposition DON'Ts:
  • Guess or speculate. “I don't know” or “I can't remember” is acceptable.
  • Be anxious or stressed out. It will affect what you say and how you appear.
  • Be defensive or angry. Never argue with the attorney.
  • Offer information not requested. ...
  • Talk too much or ramble. ...
  • Talk too little. ...
  • Be too extreme.

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 …”

Is a deposition a big deal?

A deposition is a key tool in the legal process, used to get testimony and evidence before trial. It allows both sides in a lawsuit to understand the facts of the case, preserve witness testimony, and assess the strengths and weaknesses of each side's arguments during the discovery proceeding.

Do people settle at 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 you decline to be deposed?

In some cases, the court may order that the party that did not attend the deposition cannot introduce certain matters in evidence, or might even render judgment by default against the disobedient party. Other penalties may also exist, so talk to your attorney before you decide to refuse a deposition.

How long do depositions take?

Depositions can take as long as 4-6 hours. However, in most situations, they generally last 2-3 hours for parties to the lawsuit and sometimes only 30 minutes to an hour for a witness. Depositions take place in an attorney's office, not a courtroom.