What can you ask during a deposition?

Asked by: Mr. Kelley Schmitt Jr.  |  Last update: December 1, 2023
Score: 4.1/5 (48 votes)

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.

What are some questions about deposition?

Deposition Preparation Questions
  • How did you prepare?
  • Did you speak to anyone besides your attorney? ...
  • What did you discuss during deposition preparation?
  • What documents pertaining to the case have you reviewed?
  • Did you meet with counsel for the opposing side prior to the deposition?

What can you not ask during 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). ...
  • Privileged information. ...
  • Irrelevant information.

What is the leading question in a deposition?

Leading questions suggest the answer that you expect to get and literally “lead” the witness. An open ended question does not suggest the answer. An Example: Assume that you are trying to establish that the deponent was stealing office supplies and that he knew that he should not have been taking those supplies.

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.

HOW TO CRUSH YOUR DEPOSITION (Top Strategies to a Great Deposition for Your Civil Case!)

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What do you say and not say in a deposition?

The Seven Do's and Don'ts of Depositions
  1. Be prepared with the facts. Witnesses can prepare to win or prepare to fail.
  2. Tell the truth. Do not lie. ...
  3. Take your time. ...
  4. Answer “yes” or “no” if that fits the question. ...
  5. Answer one question at time. ...
  6. Anticipate questions. ...
  7. Request a break.

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 answer a difficult deposition question?

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 makes a good witness in a deposition?

Don't interrupt the question.

Take your time before answering, think through the answer thoroughly, and give a level response. Don't use nods of head, “uh-huhs,” or “uh-uhs “. Testimony should be crystal clear so when the transcript is read the answer is obvious.

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.

What do you have to say in a deposition?

Answer Only the Question Presented.

Your job as the witness is to make the examiner ask good questions. If you do not understand the question, do not answer and ask the examiner to rephrase. If the examiner makes a statement and then pauses, you do not need to say anything. No question, no answer.

How stressful are depositions?

It is essential that you know your client's personality and how they respond to pressure and stressful situations. You should always expect intensified emotions during a deposition. The process can produce considerable stress which can intensify anger, fear, and anxiety.

How do you survive a deposition?

How to Survive a Deposition
  1. Make Sure You Understand the Question. Never answer a question unless you fully understand it. ...
  2. Pause and Think Before Answering. ...
  3. Never Volunteer Information. ...
  4. If You Don't Remember, Say So. ...
  5. Do Not Guess. ...
  6. Don't Fall for the Silent Treatment. ...
  7. Stick to Your Answers. ...
  8. Always Read the Fine Print.

What are 4 examples of deposition?

Deposition is the transition of a substance directly from the gas to the solid state on cooling, without passing through the liquid state. Examples: Camphor, Iodine, Ammonium Chloride, Naphthalene, etc.

Who asks questions first in a deposition?

The parties or their attorneys have the ability to ask questions of the person being deposed. Usually the person who requested the deposition will ask questions first.

What are 4 things that cause deposition?

Deposition is the geological process in which sediments, soil and rocks are added to a landform or landmass. Wind, ice, water, and gravity transport previously weathered surface material, which, at the loss of enough kinetic energy in the fluid, is deposited, building up layers of sediment.

Can you bring notes to a deposition?

No, you cannot bring notes to a deposition. At a deposition, you must testify from memory. You cannot rely on a writing or diary that you bring with you. In fact, if you try to bring notes to a deposition, you can assume that the other side is going to ask for a copy of your notes.

How do I prepare for deposed?

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 I prepare a plaintiff for deposition?

The more your client is familiar with the procedure, the more effective she will be at her deposition.
  1. Start with the basics. ...
  2. Explain what a deposition is. ...
  3. Explain admonitions. ...
  4. Review requests for production of documents. ...
  5. Don't try to win the case. ...
  6. Exception to the “don't try to win the case” rule. ...
  7. Tell the truth.

What happens if you say something wrong in a deposition?

Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.

How do you ask open ended questions in deposition?

Open-ended questions seek a narrative from the witness and have the advantage of making the witness do the work for us. They are short and to the point: “What happened at the meeting?” We ask, but don't tell the witnesses. They tell us. A good open-ended question is short and to the point.

What is the most important step in deposition preparation?

The result is a written record known as a transcript, which will be used (or misused) by the lawyers when the actual trial occurs. Therefore, the most important task for a witness in a deposition is to keep the transcript clear and accurate.

Who goes first in a deposition?

Depositions: Who Goes First? he order of depositions of the parties or major witnesses is usually worked out between counsel without substan- tial disagreement. Occasionally, serious conflicts arise because both attorneys perceive a tactical advantage to take the opponent's deposition first.

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.

Can I eat during a deposition?

One thing a deponent should never do is to eat or drink while the camera is running. Any eating, drinking, or chewing by the deponent while testifying — caught on camera and later shown at trial— has the potential of devastating your case. Here are two quick stories to illustrate the point.