What are some typical questions asked during a deposition?

Asked by: Agnes Corkery I  |  Last update: September 5, 2023
Score: 5/5 (41 votes)

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?

What not to say at a 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.

How many questions are asked in a deposition?

It is customary that they last anywhere between three (3) and six (6), sometimes less. The scope of questions is unlimited, and attorneys have the right to ask broad questions on topics that may seem irrelevant. Many topics covered in Depositions are not admissible at trial.

Who questions you during deposition?

In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, except that there is no judge presiding during a deposition.

What is an example of a leading question in a deposition?

An Attorney's Approach to Leading Questions

For example, “Where did you hide the gun?” would be permitted on cross-examination because it suggests the location of something whose location is in controversy. However, an attorney should not ask a witness “Did you see my client commit murder?”

Depositions - Four Rules Of Answering Questions

15 related questions found

How do you answer difficult 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.

Are deposition questions yes and no?

You don't have to just say “yes” or “no” to the opposing attorney's question, even if he's asking you to just answer yes or no. You don't have to accept his choice of words, his premise, or his framework. You can use your own words and you can explain why it isn't a simple “yes” or “no” answer.

Can you answer I don't know in a deposition?

You should never really guess at an answer. You should never just make up something. You should just say, if you don't remember the answer to questions, “I don't know” or “I don't remember.” If you have an approximation, you can give an approximation.

Can you read from notes in a deposition?

You should not bring any notes, diaries, or other records to help you state your case during a deposition unless they have been thoroughly reviewed by your attorney. This is because any document you produce may be examined by the opposing counsel, and can potentially be used against you.

How do I prepare for a deposition?

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.

Do you have to tell the truth in a deposition?

Since a deposition is considered sworn testimony, you are expected to answer each question and tell the truth. You swear an oath to give honest answers to the questions the attorney asks.

How do you know if your deposition went well?

The opposing attorney seemed satisfied with your answers:

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.

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 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.

Do both sides get to ask questions in a deposition?

After the witness is placed under oath, each party is given an opportunity to ask questions and obtain answers about the issues that are raised in the case. Usually, depositions last a maximum of seven hours, but most depositions actually last a bit less than that.

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 questions Cannot be asked in a deposition?

In many cases, questions that do not have to be answered fall into three categories: Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own).

What do you have to answer 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 you talk in a deposition?

Although being on the hot seat will certainly be slightly uncomfortable, if you keep these tips in mind, the deposition is likely to go smoothly.
  1. Prepare. ...
  2. Tell the Truth. ...
  3. Be Mindful of the Transcript. ...
  4. Answer Only the Question Presented. ...
  5. Answer Only as to What You Know. ...
  6. Stay Calm. ...
  7. Ask to See Exhibits. ...
  8. Don't Be Bullied.

Is it OK to say I don't recall in court?

Any answer – even “I don't recall” – must be truthful

First of all, if you say you don't recall, you need to be telling the truth. If you don't “recall” something you've talked or otherwise communicated with people about, it may only be a matter of time before that comes to light and you could face a perjury charge.

What to say when you don t want to answer a question in court?

"I can't answer that question yes or no, but if you'll allow me to explain, I can tell you exactly why that happened." Of course the defense attorney will not want you to explain anything, nor will he give you the opportunity to do so.

Can you ask questions back at a deposition?

So, who can ask questions during a deposition? The right to ask questions during a deposition belongs to both the plaintiff and defendant. This means that both sides can present their side of the story to get information that can help them move forward with their case.

How long after deposition will they settle?

After a deposition, it may take several weeks to several months to receive a settlement. The length of time required will vary depending on how complicated the case is and how much evidence must be obtained. In most cases, the sooner you have your deposition, the sooner you expect to receive your settlement.

Can you plead the fifth in a deposition?

The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.

What is a easy sentence for deposition?

She gave a videotaped deposition about what she saw that night. His attorneys took depositions from the witnesses.