How do you handle a difficult deposition question?

Asked by: Ryan Pollich  |  Last update: October 29, 2023
Score: 4.7/5 (31 votes)

How to Handle a Deposition: Advice from an OMIC Defense Attorney
  1. Tell the truth. ...
  2. Think before you speak. ...
  3. Answer the question. ...
  4. Do not volunteer information. ...
  5. Do not answer a question you do not understand. ...
  6. Talk in full, complete sentences. ...
  7. You only know what you have seen or heard. ...
  8. Do not guess.

What is the best answer in deposition?

Be honest. It's important to always tell the truth during a deposition, even if you think the answer may not be favorable to your case. Lying or providing misleading answers can have serious legal consequences and can damage your credibility.

How do you handle depositions?

Key takeaways
  1. Take your time. Make sure that you understand each question being asked. Pause. Give your attorney a chance to object.
  2. Remember that trial, not deposition, is your opportunity to prove your case.
  3. Finally, do not speculate.

How do you answer a legal deposition question?

Deposition Tips
  1. Be prepared. ...
  2. Think before answering. ...
  3. Never volunteer information. ...
  4. Make sure you understand the question. ...
  5. You must tell the truth. ...
  6. Don't get rattled or upset. ...
  7. Don't guess. ...
  8. If you do not remember, say so.

How do you deal with difficult witnesses?

Ten tips to remember when you encounter the difficult witness
  1. Don't get caught up in your outline. ...
  2. It's all about credibility. ...
  3. Remain calm. ...
  4. Bring out the absurd. ...
  5. Remember the transcript. ...
  6. Think Globally. ...
  7. Look for common ground. ...
  8. Give the witness the global context.

How to Handle a Tough Deposition Question

27 related questions found

How do you deal with an uncooperative witness?

Tips for Dealing with a Difficult Witness
  1. Be open and straightforward about your purpose and the investigation process. ...
  2. Explain what you will do with the witness' side of the story. ...
  3. Interview witnesses individually in a neutral location. ...
  4. Remember your role – and your goal.

What is the 3 witnesses rule?

It is at this point in which the presence of the three witnesses is most needed, as it is their presence at the time of seizure and confiscation that would belie any doubt as to the source, identity, and integrity of the seized drug.

What not to say during deposition?

What Should You Not Say During a Deposition?
  • Guessing or Speculating on Things. ...
  • Saying Things Out of Anger. ...
  • Rambling. ...
  • Speaking in Absolutes. ...
  • Stick to the Facts. ...
  • Take Your Time When Answering Questions. ...
  • Use “Yes” or “No” Answers Whenever Possible. ...
  • Get Through Each Question on Its Own.

Can you answer I don't know in deposition?

The best answers, if truthful are: “Yes” “No” “I don't know”

How do you stay calm during a deposition?

Staying Calm, Collected, and on Course
  1. Tell the Truth – It helps to think of a deposition as nothing more than a discussion. ...
  2. Think First, Speak Second – Always consider the question and think over your answer before you speak. ...
  3. Keep It Short and Sweet – Your answers should be short, sweet, and to the point.

What makes a good deposition?

Brief and concise answers are best. If you don't know the answer, “I don't know” is a perfectly good answer. Don't guess, speculate, or play a hunch. A deposition is sworn testimony; only say what you know to be true.

What is the main purpose of a deposition?

JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.

What questions do they ask in a deposition?

Basic Background Questions
  • What is your full name?
  • Have you ever used any other names? Maiden name?
  • Do you have any nicknames? What are they?
  • What is your date of birth? Where were you born?
  • What is your age?
  • What is your social security number?

How do you answer difficult questions in court?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What is 1 example of deposition?

The most typical example of deposition would be frost. Frost is the deposition of water vapour from humid air or air containing water vapour on to a solid surface.

What are some words for deposition?

Synonyms of deposition
  • sediment.
  • deposit.
  • silt.
  • precipitate.
  • grounds.
  • sludge.
  • dregs.
  • settlings.

What if I cry during a deposition?

During your deposition, you will almost certainly get asked questions that will upset you. It is okay to show emotion or even cry if you need to. However, you must be careful not to let your emotions interfere with your ability to answer questions carefully and honestly.

How do I know if my deposition went well?

The opposing attorney's demeanor can provide clues about whether they believe your testimony to be credible. If they appear satisfied or pleased with your answers, it's a positive indication that your deposition is going well.

Should I be nervous during a deposition?

Movies and TV have ingrained in us that depositions are scary things. But if you're properly prepared, and understand how the process works, depositions are nothing to be nervous or concerned about.

What is the silent witness rule?

Procedure by which classified documents are put before counsel, the court, and the jury to be used as evidence at trial, but are not read in open court, so as to avoid making the information public in the interests of national security.

What are the four qualities of a witness?

Expert witnesses are key in the courtroom, as more complicated disputes need clear explanation to a jury. But, there's little agreement on what makes a great witness. GLG Law's David Solomon gives four characteristics to look for—clear communication, coachability, confidence, and candor.

What are the 5 types of witnesses?

Types of Witnesses – Who is Deposed
  • Expert Witness. Expert witnesses generally confine their testimony to a specific area of expertise. ...
  • Eye Witness. Although they might not be experts in specific fields, eyewitnesses are crucial to the development of most trial-stage cases. ...
  • Character Witness. ...
  • Fact Witness.

How do you prove a witness is wrong?

The three most often used methods to impair witness credibility include prior inconsistent statements, character evidence and case-specific impeachment.

What if a witness refuses to answer a question?

If a witness refuses to answer a question or to produce evidence based on a claim of the privilege against self-incrimination, a judge may grant immunity to the witness under (c) or (d) and order the question answered or the evidence produced.

How do lawyers discredit the witness?

An attorney can show jurors a witness is not credible by showing: 1) inconsistent statements, 2) reputation for untruthfulness, 3) defects in perception, 4) prior convictions that show dishonesty or untruthfulness, and 5) bias.