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

• 1. The question has already been asked and answered
• 2. Harassing the Witness
• 3. Calls for speculation
• 4. Overbroad
• 5. Vague
• 6. Not warranted by existing law
• 7. Improper purpose (to harass witness)
• 8. Irrelevant inquiry

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 …”

Can you say you can't remember in court?

Sometimes it will be a valid answer (even to the witness' credit) to say, simply, “I don't remember”. It is the inevitability of imperfect memories and errors (like mine) that lawyers need to have at the forefront of their minds when interviewing witnesses.

Why do people say I don't recall in court?

Some witnesses – generally those who don't get legal guidance – think they can get around taking the Fifth and arousing suspicion about their own culpability while also avoiding a perjury or obstruction charge by simply saying they don't recall certain things.

Is omitting a fact a lie?

Lying by omission is only considered a form of lying if the intention is to deceive someone. Withholding information may not be considered lying in the following circumstances: Irrelevant information: Leaving out details of an encounter that aren't necessary to fully understand the truth.

Can you lie if you don't remember?

The failure to remember is not a lie, although liars will often try to excuse their lies, once discovered, by claiming a memory failure. It is not uncommon to forget actions that one regrets, but if the forgetting truly has occurred, we should not consider that a lie, for there was no choice involved.

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.

What is the difference between "I don't remember" and "I don't recall"?

“Remember” means to keep something in your memory, while “recall” means to access your memory.

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.

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.

What questions are off limits in a deposition?

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 lying by omission hold up in court?

United States, the Supreme Court considered just this situation, holding that the language of the federal perjury statute does not contemplate a defendant who intentionally omits material information.

Is it lying if you don't tell everything?

What is lying by omission? Lying by omission is the deliberate act of leaving out important details so the truth is skewed or misrepresented. It's the counterpart of lying by commission, the act of using false direct statements.

What are the three types of lies?

Figures often beguile me, particularly when I have the arranging of them myself; in which case the remark attributed to Disraeli would often apply with justice and force: “There are three kinds of lies: lies, damned lies, and statistics.”

Can I say I don't recall in a deposition?

(1) “I don't recall” testimony can decrease the credibility of a witness if it's something he/she should have known or should be able to remember. If a deponent is constantly giving this response, the jury may not believe him/her relative to the rest of their testimony.

How do I say I don't remember in court?

However, it is rather common, especially in depositions, for witnesses to be asked questions they can't answer. Fortunately, there are three magic words that witnesses can use: "I don't recall." However, the catch is that your failure to recall must be truthful.

What should you never say in court?

Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”

Can you say "I don't know" in court?

Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.

Can your words be used against you in court?

If you say something voluntarily before they start questioning you—or if they never officially question you—the words you said in their presence may still be used against you in court. That's why it's always best to remain silent until speaking with an attorney—whether or not your rights are read to you.

Can they use your past against you in court?

Generally, prosecutors can't use evidence of prior convictions to prove a defendant's guilt or tendency to commit crimes, but they can sometimes use them to question the truthfulness or credibility of the defendant's testimony.