What cannot be asked in a deposition?
Asked by: Felton Tillman | Last update: July 23, 2025Score: 4.6/5 (18 votes)
Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.
What questions are not allowed at a deposition?
``leading questions, lack of foundation, assuming facts not in evidence, mischaracterization or misleading question, non-responsive answer, lack of personal knowledge, testimony by counsel, speculation, asked and answered, argumentative question, and witness' answers that were beyond the scope of the question.''
What words should you avoid in a deposition?
Withholding key information can be as bad as saying too much. 7. Be too extreme. Using words like “never” or “always” may end up hurting you.
Can personal questions be asked 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 whatever you want in a deposition?
You should not say anything in a deposition that is not truthful and honest. The lawyer who represents you will make sure you are prepared for your deposition and may have additional advice on what you should and should not say. It can feel scary to attend a deposition on your own.
What To Avoid Saying During a Deposition | Phoenix Lawyers
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.
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.
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 …”
How do you 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.
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 okay to cry in 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.
What is the leading question in a deposition?
The ideal leading question is one that evokes 1) an admission or 2) a refusal to agree that exposes the plaintiff as a liar or a fool. Of course, not all deposition questions can be leading, nor should they be.
What can go wrong in a deposition?
- Talking too much! ...
- Allowing yourself to be cornered into “Is that all?” or “have you told me everything…?”
- Remember, “That's all I can think of right now”
- Getting frustrated or defensive by being asked what seem to be irrelevant questions.
- Not telling the Truth!
Who asks questions first in a deposition?
Usually the person who requested the deposition will ask questions first. The attorney who represents the person being deposed might ask follow-up questions only to clear up any misunderstandings that may have come up during the initial questioning.
What is the best evidence rule in a deposition?
The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.
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.
What should you not say during a deposition?
We're often asked, “Is there anything I shouldn't say in a deposition?” We're going to tell them what we think. You're not in the deposition to be the lawyer; you're in the deposition to be the deponent. What should you not say in a deposition? You should not say something that is not true.
What are the three objections in a deposition?
While they vary depending on jurisdiction and specific case, lawyers generally can make objections on the grounds of form, relevance, or privilege in depositions.
How long do depositions last?
Depositions can take as long as 4-6 hours. However, in most situations, they generally last 2-3 hours for parties to the lawsuit and sometimes only 30 minutes to an hour for a witness. Depositions take place in an attorney's office, not a courtroom.
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.
Should I be nervous about a deposition?
We understand that depositions can be nerve-racking, but it is important to remain as calm and confident as possible. The best advice is to take deep breaths and respond to each question thoughtfully and as best as you can.
Can you say "I don't know" in court?
You only need to answer the questions asked of you. answer until you are told to answer. If you do not understand a question, it is alright to ask that the question be repeated or clarified. If you do not know an answer, say so.
What is a good settlement offer?
A reasonable settlement offer is one that includes medical expenses, lost wages, pain and suffering, and property damage. While it varies from case to case, an experienced personal injury lawyers can help you find a reasonable amount for your case.
What is the 7 hour deposition rule?
Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.