What happens if you refuse a deposition?
Asked by: Franz Nolan | Last update: June 20, 2025Score: 5/5 (5 votes)
In some cases, the court may order that the party that did not attend the deposition cannot introduce certain matters in evidence, or might even render judgment by default against the disobedient party. Other penalties may also exist, so talk to your attorney before you decide to refuse a deposition.
Can you decline to give a deposition?
Generally, you can't refuse to give a deposition. The parties have a legal right to question witnesses under oath, including opposing parties in the litigation. However, even though you can't outright refuse to give a deposition, you can object to specific questions.
What happens if you refuse to answer questions in a deposition?
Refusing to answer an important question typically leads to a motion to compel, possibly coupled with a motion to have the witness held in contempt. And contempt of court proceedings -- which can result in heavy fines and indefinite jail time -- are indeed the ultimate remedy when litigants won't cooperate.
How do I get out of a deposition?
Participants in a deposition, whether they are witnesses or attorneys, generally cannot leave the deposition at will; they must have valid legal grounds. Such grounds include: Health emergency: If a deponent or attorney faces a sudden health issue.
Do cases usually settle after deposition?
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 You REFUSE to Answer Questions During Your Deposition in Your Lawsuit? NY Attorney Explains
At what stage do most cases settle?
Roy Comer: Statistically we know that 98 per cent of civil cases settle before trial. There are multiple reasons why this happens. In my opinion, the primary reason for pre-trial settlement is the plaintiff does not want to go through the gantlet of having a judge and jury scrutinize them. There is some wisdom in this.
What not to say during a 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.
How do you know if your deposition went well?
- Consistency and Clarity. In a successful deposition, you will provide clear, consistent answers that align with your previous statements and evidence. ...
- Remaining Calm and Professional. ...
- Listening Carefully and Answering Honestly. ...
- Limited Objections from Your Attorney.
Can you ignore 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 you say no comment 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.
What are my rights during a deposition?
Harassment or question abuse during a deposition is not allowed. Individuals can refuse to answer questions intended to harass, embarrass, or oppress. Courts can intervene to prevent such conduct and uphold the integrity of the deposition process.
Are objections waived if not made at deposition?
Objections that are waived if not made, but if made, the deposition can proceed in most circumstances. “Errors or irregularities of any kind occurring at the oral examination that might be cured if promptly presented are waived unless a specific objection is timely made during the deposition.” (CCP §2025.460(b)).
Can you refuse to talk in a deposition?
You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court.
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 remain silent during 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.
How serious is a deposition?
A deposition usually occurs at the early stage (the discovery phase) of a civil or criminal case. However, its effect can have significant and far-reaching consequences throughout the entire case, including having great impact on the outcome. Depositions are based in facts, facts, and more facts.
How to beat 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 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.
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 you fight a deposition?
If you find that the lawyer asking the questions is repeating the same question over and over or being argumentative, you might then have grounds to suspend the deposition and seek a protective order.
Is it better to settle or go to trial?
Quicker resolution: Settling a case allows for a faster resolution compared to going through the trial process, which can take months or even years. Emotional closure: Settling a case can provide emotional closure for the injured party, as they can move on from the incident and focus on their recovery.
What is the shortest time for settlement?
The settlement period starts from the day that the contract has been signed and any conditions attached to the sale have been met. The settlement period is typically 30 to 90 days, but it can be longer or shorter if the seller and the buyer both agree.
How long do most settlements take?
How long do most personal injury cases take to settle? The duration of most personal injury cases to settle varies widely, typically ranging from a few months to several years, depending on factors such as the complexity of the case, the severity of injuries, and the negotiation process with insurance companies.