Can you say whatever you want in a deposition?
Asked by: Prof. Summer Morar PhD | Last update: April 8, 2025Score: 5/5 (16 votes)
In a deposition, you should try to answer a question as you are asked. Do not provide too much information, as doing so can cause you to give up details that harm your case. If a defendant's attorney wants more information or requires clarification after you answer, the lawyer will ask follow-up questions.
What should you not say during 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 you ask anything 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.
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 …”
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.
HOW TO CRUSH YOUR DEPOSITION (Top Strategies to a Great Deposition for Your Civil Case!)
Can I decline to answer questions at a deposition?
Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.
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.
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 I take notes during my deposition?
Do not take notes. While this may be counterintuitive, taking extensive notes, especially like you did in law school, can actually hinder your deposition in two ways. First, it is difficult to take notes and look at the witness at the same time.
What color to wear to deposition?
In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition. Not too casual. Do not wear jeans, shorts, sneakers, sandals, or head wear. Long pants, dress shoes, and a belt or suspenders are top choices.
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.
How to win 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.
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.
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.
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.
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.
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 you refuse to talk in a deposition?
In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.
Can handwritten notes be used as evidence?
In legal proceedings, handwritten field notes can indeed be demanded as evidence in a court case if they are relevant to the case. These notes could contain crucial observations, insights, or admissions that may bear on the matters being litigated.
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.
Can you walk out of a deposition?
Walking out of a deposition without proper justification could potentially have legal ramifications. Witnesses are required to stay and answer all the relevant questions presented by the attorneys, as long as those questions do not violate specific procedural rules or rights.
Can you object to questions in a deposition?
Objections should be made promptly after the problematic question is asked. Delayed objections can be deemed waived, especially if the witness has already answered.
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.
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.
What should a witness always tell?
We want you to tell the truth, the whole truth and nothing but the truth. Telling the truth requires that a witness testify accurately about what he or she knows. If you tell the truth and tell it accurately you have nothing to fear on cross examination.