What is the difference between a deposition and testifying?

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 I answer I don't remember in a deposition?

“I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses. If true, the best is, “I don't recall at the present time,” because it makes it easier to change your answer if you later do recall.

Why do lawyers object during deposition?

Objections in depositions: Whenever necessary, the defending attorney raises deposition objections to prevent the witness from providing misleading, confusing, or inaccurate testimony.

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.

Can you object to hearsay in a deposition?

Hearsay, you may answer (Foundation may be the better objection at a deposition, but it is proper for counsel to make a hearsay objection as long as the witness is made to understand that hearsay testimony is acceptable at a deposition) j. Calls for expert testimony/legal conclusion k.

Can you instruct a witness not to answer at a deposition?

Federal Rules of Civil Procedure 30(c)(3) states, in pertinent part: “A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3).” It is therefore clear that there are generally only three reasons ...

What happens after the deposition?

After the deposition, the court reporter prepares a written transcript and sends copies to the parties. The lawyers review the transcript for any inconsistencies or mistakes. The written transcript can potentially be used at trial.

During what phase of a lawsuit is a deposition given?

A deposition is a court-mandated testimony during the discovery phase of a civil lawsuit. Those served with a subpoena must provide this testimony, which will be used for the 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 a witness 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 questions are asked in a deposition?

How do you testify in a deposition?

What do you wear to a deposition?

Avoid using too much cologne or wearing jewelry. If in doubt about their appropriateness, remove any piercings and cover any tattoos. Think business casual. In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition.

How do you talk in a deposition?

What is the leading question in a deposition?

n. a question asked of a witness by an attorney during a trial or a deposition (questioning under oath outside of court), suggesting an answer or putting words in the mouth of the witness.

Should I have an attorney present for a deposition?

Depositions are not fun and given their importance can be very Having a confident and experienced trial lawyer by your side during your deposition will help to ease the stress and make you more comfortable.

Can a witness take notes during a deposition?

There are really only two kinds of witnesses: those who ask permission to take notes in advance of the deposition, and those who don't but do anyway. With proper safeguards, it's my experience that witness notes created during deposition preparation are the witnesses' best friend.

What do you say and not say in a deposition?

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.

Can you just say I don't know in court?

Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.