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

What happens if you say something wrong 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.

Can a witness decline to answer a question?

If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court in which the action is pending or by the district court in the district in which the deposition is being taken, the refusal may be considered a contempt of that court.

Can a witness say they don't remember?

Lawyers may also tell witnesses that if they don't remember certain events, they can simply say “I don't recall.” In general, such instructions are not improper. A witness cannot, however, repeatedly answer “I don't recall” to avoid truthfully answering questions.

Is it if I recall or if I remember?

Remember may mean “to bring to mind or think of again,” recall “to bring back to mind,” and recollect “to bring back to the level of conscious awareness.” There are circumstances in which any of these three words are interchangeable with any of the others, and other circumstances in which one or more of these words ...

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.

How do you know if your 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.

What to say in court when you don't know the answer?

If you do not know the answer or you cannot remember, just say so. If you give an estimate (such as with distance or time), indicate that your answer is only an estimate and not exact. On the other hand, give positive, definitive answers when you clearly remember. Take your time.

How do you impress a judge in court?

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 do you have to say in a deposition?

Answer Only the Question Presented.

Your job as the witness is to make the examiner ask good questions. If you do not understand the question, do not answer and ask the examiner to rephrase. If the examiner makes a statement and then pauses, you do not need to say anything. No question, no answer.

How do you stay calm in a deposition?

Is it I don't remember or I don't recall?

I don't remember means you forgot. I don't recall means you cannot get something to your brain. (not recalling something implies that you may or may not have ever known anything, but as you sit there, you are unable to call forth a specific recollection.)

What determines if you remember something?

Instead of remembering every little thing, your brain picks and chooses what's important. This is the information that forms your memories. The main part of your brain that does the work of processing memories is called the hippocampus.

Is it if I remember correctly?

It should be "If I remember correctly". We mostly use adverbs to describe verbs.

What do you say in a deposition if you don't remember?

If you are asked when something occurred and you know it occurred on January 15, do not state “about January, 15.” If you cannot recall, simply say “I don't remember.” Do not guess. Deposition witnesses often fall into the trap of feeling that they have to know the answer to every question.

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.

Can you decline being a witness?

No. A witness does not have the same right to avoid testifying as a defendant has. Accordingly, a witness may be forced to testify. The witness may be held in contempt of court if they refuse to testify after being ordered to do so.

What questions can you not ask a witness?

With your own witness, it is not okay to ask “leading questions.” Leading questions give the witness the answer you want them to say. You must keep your questions open-ended. Open-ended question are Who, What, Where, When, How, and Why questions.

What can 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.

What should you not do when interviewing a witness?

Do not ask the witness about his/her criminal record (this type of information should have been obtained during preparation for the interview). Volunteer no specific information about the suspect or case. Telling witnesses facts about the suspect or case may influence their memories of the incident.