Can you change what you say in a deposition?
Asked by: Mrs. Aletha Pollich | Last update: September 1, 2025Score: 4.9/5 (23 votes)
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 you change what you said in a deposition?
The traditional approach is a mainstay in the majority of courts. It dictates that the witnesses can change anything in the errata sheet deposition if the changes in question meet the procedural requirements dictated by Rule 30. For example, a witness can change a yes answer into a no answer.
Can a deposition be edited?
California. Section 2025.520(b) of the California Code of Civil Procedure (“C.C.P.”) similarly allows a deponent to make “change[s to] the form or the substance of the answer to a question” within 30 days, but does not require a signed statement listing the changes and the reasons for making them.
What happens if you say something wrong in a deposition?
No Anxiety Necessary Over Making A Mistake
Changes can be technical (i.e. mis-spelled words, correcting punctuation, etc.), but can also be substantive. However, substantive changes do open a deponent up to the risk of having to appear for a follow-up deposition to explain the substantive changes made.
Can you change your testimony after a deposition?
It can also be critical to assessing the weaknesses and strengths of your case and determining your litigation strategy. However, the Federal Rules permit substantive changes to deposition testimony within 30 days after the transcript is available to the deponent.
Can I Change My Answers During Or After A Deposition?
Do lawyers 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 you refuse to testify in a deposition?
Dismissal or Default Judgment: Depositions are key to the discovery phase of a trial. Both parties in a case give a testimony to present their side. If you refuse to provide your testimony, the judge may dismiss the case.
What not to say in 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.
What happens if you lie under deposition?
Lying under oath can land you in prison! Perjury is a serious crime and an affront to the justice system.
Can you object to hearsay in a deposition?
The most fundamental rule is that only objections to the form of a question must be raised during a deposition. All other objections such as hearsay, relevancy, etc. are preserved for trial or until a party attempts to use the deposition testimony to support or oppose a motion, typically a summary judgment motion.
How do you correct a deposition?
Changes to deposition transcripts, whether in form or substance, are listed, with explanations for the changes, and then signed by the deponent before being submitted to the court reporter. Reasons for the changes must be given, or the transcripts may not be changed.
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.
Can an attorney lie during a deposition?
Subparagraph (a)(1) [based on Model Rule 3.3(a)(1)] provides that a lawyer shall not knowingly “make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer.” A lawyer is on notice that the lawyer may not knowingly make ...
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 is the best evidence rule in a deposition?
The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.
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.
How do judges decide who is telling the truth?
The standard credibility instruction tells the fact-finder to consider the witness's strength of memory,ability in the described circumstances to see and hear,and the clarity with which he is able to recall events. Tone of voice,shades of expression,and gestures are also to be considered.
How to tell if a victim is lying?
- Being vague and offering few details.
- Repeating questions before answering them.
- Repeating the same story over and over.
- Speaking in sentence fragments.
- Explaining things in strict chronological order.
- Sounding like they are repeating a rehearsed script.
Can you decline to answer in a deposition?
Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.
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.
What should you not say to a lawyer?
- Do Not Say Anything to Your Attorney That Is Not True. ...
- Do Not Exaggerate Your Injuries When Talking to Your Lawyer. ...
- Do Not Tell Your Lawyer to Act On Your Behalf and Take Other Action Without Their Awareness.
Can you settle before a deposition?
In summary, the likelihood of settling a personal injury claim before deposition is influenced by factors such as injury severity, clarity of liability, and the financial stability of the insurance company. While early settlements can offer swift resolutions, they may come at the cost of lower compensation.
What questions are off limits 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.
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.
What are my 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.