Can you ask open ended questions in a deposition?
Asked by: Jared Feest | Last update: December 29, 2025Score: 4.9/5 (22 votes)
Examples of common questioning mistakes that can hurt your case include: Asking open-ended questions. Although opposing counsel may try to elicit damaging admissions from your witness with open-ended or vague questions, you need to tighten up your questioning to produce concise answers.
What questions are not allowed in a deposition?
- Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). ...
- Privileged information. ...
- Irrelevant information.
Are open-ended questions allowed in court?
On direct examination, you will usually only be allowed to ask open-ended questions that do not lead your witnesses in a certain way or influence their answers. “Leading questions,” where you suggest the answer to the question, are not allowed.
Can you ask hypothetical questions in a deposition?
They can also help reveal hidden or flawed assumptions. Supreme Court justices, for instance, often use hypothetical questions to test the outer boundaries of what the advocate is asking the court to declare and of what the court may have to decide. Such questions are also permissible in trials and depositions.
How do you ask open-ended questions in an investigation?
- Can you describe the situation in more detail?
- How did you feel during the incident?
- What led up to the conflict?
- What options did you consider before making your decision?
- How do you think this situation could have been prevented?
Depositions - Four Rules Of Answering Questions
Do you ask open-ended questions?
Open-ended questions are integral to effective communication for several reasons: Encouraging detailed responses: These questions invite the respondent to provide a more comprehensive answer, offering deeper insights into their thoughts and feelings.
What questions can I ask in an investigation meeting?
- What did you witness? ...
- What was the date, time, and duration of the incident or behavior you witnessed?
- Where did it happen?
- Who was involved?
- What did each person do and say?
- Did anyone else see it happen?
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.
What is the difference between a deposition and an interrogatory questioning?
During a deposition, one party asks the other questions and records their responses. With an interrogatory, one party sends a written list of questions to the other party, who must provide a written response. Depositions and interrogatories are both discovery tools.
Can you object to a question during a deposition?
You can object to questions that are compound or questions that call for speculation. Compound questions can be a problem because if the deponent answers “no,” which part of the question does the answer apply to or does it apply to the entire question.
When not to use open-ended questions?
Ask open-ended questions in conversations with users to discover unanticipated answers and important insights. Use closed questions to gather additional small details, gain clarification, or when you want to analyze responses quantitatively.
What are the rules for open-ended questions?
Open-ended questions begin with the following words: why, how, what, describe, tell me about..., or what do you think about... 3. Use open-ended questions as follow ups for other questions. These follow ups can be asked after open or closed-ended questions.
What questions Cannot be asked in court?
(1) Ambiguous questions. A question that is ambiguous or vague for lack of a reference point is improper, e.g., asking a witness to describe “the” car when several cars were involved in an accident. (2) Compound questions.
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 …”
Who asks questions first in a deposition?
During a deposition, the opposing counsel typically asks questions to the witness. For example, if you are being deposed, the defendant's attorney will typically be questioning you. Your own lawyer may follow up with some of their own questions.
Can I lie in response to questions at the deposition?
Lying during a deposition is perjury. That is a felony. The other party can use your testimony at the deposition later in trial.
Can you refuse to answer questions in a deposition?
Can I refuse to answer a question during 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.
What are the disadvantages of deposition?
First, it is expensive. Of all the discovery tools, depositions are the most expensive. You will need to spend a lot of time preparing for the deposition and possibly a lot of travel time, depending on its location.
When can you ask leading questions in a deposition?
The rule of evidence is that an adverse party (or a hostile witness) can be asked leading questions. Thus, for an adverse party, an objection based on “leading” to a deposition question is unlikely to be sustained at trial to prevent that testimony from being admitted.
What not to say during a deposition?
- 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.
How do you answer tricky deposition questions?
When answering questions in a deposition, it's essential to stick to what you know and avoid speculating or guessing. If you're not sure of the answer to a question, it's okay to say so. However, you should avoid making assumptions or offering opinions that are not based on fact.
Can you say no comment in a deposition?
The rules for depositions vary by state and in federal court, but generally, the deponent must answer every question presented, regardless of objection, unless the answer is protected by a privilege or a court order. A deposition will usually be taken before a court reporter authorized to administer oaths.
What are the five investigation questions?
Does it adequately answer the 5 W and one H questions: what, where, when, who, why, and how?
Can a note taker ask questions in a disciplinary?
Can a note taker ask questions? Note takers should avoid interrupting the meeting, unless there is something important that needs urgent clarification. If this does happen, the note taker should address the person who is chairing the meeting with their question.
What is one of the six investigative questions that must always be answered?
As discussed earlier, an effective police report should always answer the questions who, what, where, when, how, and why.