What not to say during deposition?
Asked by: Andres Dickinson | Last update: October 27, 2025Score: 4.3/5 (44 votes)
During a deposition, avoid sharing unnecessary information or making assumptions about questions you don't fully understand, as this can harm your case. Instead, focus on answering only what is specifically asked and avoid speculating, exaggerating, or volunteering additional details.
What questions cannot be asked during a deposition?
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.
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 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 …”
What not to say in a disposition?
- 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.
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.
What is the most common disposition?
"Disposition" is defined by the FBI as "an action regarded by the criminal justice system to be the final result of a committed offense." While the most common disposition are court findings (e.g., guilty plea and placed on probation, acquitted, etc.), a disposition can also indicate that law enforcement elected not to ...
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.
What color to wear to deposition?
In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition. Not too casual. Do not wear jeans, shorts, sneakers, sandals, or head wear. Long pants, dress shoes, and a belt or suspenders are top choices.
Can I take notes during my deposition?
Do not take notes. While this may be counterintuitive, taking extensive notes, especially like you did in law school, can actually hinder your deposition in two ways. First, it is difficult to take notes and look at the witness at the same time.
Do lawyers 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. Instead, they may offer the settlement well after the trial starts.
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.
Should I be nervous during 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.
How do you answer questions without incriminating yourself?
Invoking your right against self-incrimination can be done through clear statements such as “I am invoking my right to remain silent” or “I am invoking my Fifth Amendment rights.” Waiving the right must be done explicitly or implicitly, and individuals should be cautious about the implications of waiving it.
What is the leading question in a deposition?
Ergo, defense counsel can ask the plaintiff leading questions in deposition. So what are leading questions? They are the opposite of open-ended questions, which call for the wit- ness to explain the answer. Leading questions, in contrast, are declarative statements to which the witness is asked to agree.
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.
How do you defend yourself in a deposition?
If you're defending a deposition, you need to anticipate what opposing counsel is going to ask and where you are likely to have to make objections. Once you understand the case and the purpose of the deposition, it's important to try to understand opposing counsel's reputation and style.
Is a deposition a big deal?
A deposition is a key tool in the legal process, used to get testimony and evidence before trial. It allows both sides in a lawsuit to understand the facts of the case, preserve witness testimony, and assess the strengths and weaknesses of each side's arguments during the discovery proceeding.
Can you drink water 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.
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.
Who asks questions first in a deposition?
During a deposition, the opposing counsel typically asks questions to the witness. For example, if you are being deposed, the defendant's attorney will typically be questioning you. Your own lawyer may follow up with some of their own questions.
How to stay calm in a deposition?
Familiarizing oneself with the case details and reviewing any related documents helps maintain clarity. Discussing potential questions with an attorney can also bolster confidence. By understanding and preparing for the deposition process, witnesses can reduce anxiety and present their testimony effectively.
What does NF mean in a disposition?
1) He is charged with 4 counts. 2) NF stands for "Not filed" meaning the charges have not yet been filed by the DA in the court and CONT means "continued" and that means that those charges have been filed by the DA and they are just waiting hearing in court.
Can a case be dismissed after pleading guilty?
Sometimes the judge will dismiss the charges if the defendant withdraws their plea based on new evidence of their innocence. A judge is more likely to accept a guilty plea withdrawal in the earlier stages of a case or soon after the plea was made.
What are blended sentences?
Blended sentences allow certain juvenile offenders to receive both juvenile and adult sentences. In some cases, the blended sentence may offer the offender the opportunity to avoid the adult sentence if he or she complies completely with the juvenile sentence, which is served first.