Can you say no comment in a deposition?
Asked by: Lila Goldner | Last update: January 8, 2026Score: 4.8/5 (68 votes)
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 ...
What not to say during 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 you decline to answer questions in a deposition?
Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.
Can you say whatever you want in a deposition?
Although no judge is present, this is a formal legal proceeding just like testifying in court, and you are under the same legal obligation to tell the truth, the whole truth, and nothing but the truth. If you do not understand any of my questions, feel free to say so, and I will rephrase it.
Can you say "I don't know" in a deposition?
Volunteering information that's not requested by the question usually just makes the process take longer. Don't guess, don't speculate, unless you're asked to. Don't be afraid to say, "I don't know," if, in fact, you really don't know.
Can You REFUSE to Answer Questions During Your Deposition in Your Lawsuit? NY Attorney Explains
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 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.
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.
How long after deposition will they settle?
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.
What happens if you refuse a deposition?
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.
Can you change what you say in a deposition?
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 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.
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.
How to defend yourself in a deposition?
- Be prepared. ...
- Think before answering. ...
- Never volunteer information. ...
- Make sure you understand the question. ...
- You must tell the truth. ...
- Don't get rattled or upset. ...
- Don't guess. ...
- If you do not remember, say so.
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.
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 I tell my attorney everything?
Even if you are guilty of the charges against you, your attorney is still bound by the confidentiality requirement and cannot share your information without your consent.
How do you tell if you have a good lawyer?
Do not focus solely on case outcomes; read what others say about a firm's conduct. Were they professional, punctual, and supportive? Did they go the extra mile to make the client feel included in the legal process? These reviews can be helpful as you decide whether a law firm deserves your trust.
What is the leading question in a deposition?
Every lawyer can define a leading question. A leading question is a question that “suggests” the answer. As basic a text as the American Jurisprudence for Evidence defines leading questions as “those which suggest to the witness the answer desired.” 81 Am.
How do I get out of a deposition?
Participants in a deposition, whether they are witnesses or attorneys, generally cannot leave the deposition at will; they must have valid legal grounds. Such grounds include: Health emergency: If a deponent or attorney faces a sudden health issue.
How do you win a deposition case?
- Be prepared with the facts. Witnesses can prepare to win or prepare to fail.
- Tell the truth. Do not lie. ...
- Take your time. A calm approach gives you more poise and control.
- Answer “yes” or “no” if that fits the question. Answer fully. ...
- Answer one question at time. ...
- Anticipate questions. ...
- Request a break.
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.
How to answer questions without incriminating yourself?
Be Mindful of Your Words – Choose your words carefully during the interrogation. Avoid making statements that can be interpreted as admitting guilt or implicating yourself in the crime. Stick to simple and concise answers, and do not elaborate or provide unnecessary information.