| tart --> | | | | 4. Keep your answers short. When you give lengthy |
| Your deposition is very important to your case. It is | | | | answers, you're revealing more information--and giving |
| part of what the law calls "discovery," which affords | | | | the defendant's attorney ideas for more questions. |
| the defendant the chance to learn about your case. | | | | 5. Never guess. You might be wrong. If you do not |
| You must answer allowable questions, but remember | | | | know the answer, say you do not know. If you do not |
| that revealing too much too easily will only help the | | | | understand the question, say so. You may say, "What |
| defendant's case--and hurt yours. | | | | do you mean by that?" |
| All those who have been injured or who are related to | | | | 6. Do not volunteer any information. If there is a silence, |
| a family member who has been injured because of a | | | | do not fill it with talk. |
| negligence have a natural urge to tell their story. Resist | | | | 7. Do not get angry. Becoming angry sometimes will |
| this urge. The time to tell your story will be at trial when | | | | make you reveal too much information, and will send |
| a judge and a jury are there to hear you. | | | | the message that you are ill-prepared to be a witness |
| The most important people listening to you at your | | | | and cannot control yourself. The attorneys for the |
| deposition are the attorneys for the other side. They | | | | other side will try to take advantage of that weakness |
| are there to learn everything they can about your | | | | in trial. |
| case and then figure out a way to beat you. You must | | | | Also, do not make jokes. Your deposition is a serious |
| tell as little as possible while still being truthful. | | | | matter. |
| Your deposition will be taken in a lawyer's office, | | | | 8. Make eye contact. Look at the attorney asking you |
| probably at a conference table. The attorneys for the | | | | questions. Stay calm. |
| other side will have an opportunity to ask you | | | | 9. Stop talking when your attorney objects. There are |
| questions. Your lawyer will also be there to protect | | | | two types of objections. Neither can be made if you |
| you from unfair questions and to make necessary | | | | are talking. When your attorney says, "I object," stop |
| objections. | | | | talking. Your attorney may merely be making an |
| A court reporter will be present, who will take down | | | | objection to mark a place in the transcript where an |
| stenographically everything you say. Your comments | | | | improper question and answer can be deleted by the |
| will then be transcribed into a booklet. Before trial it will | | | | court. If that happens during the deposition, after your |
| be your obligation to read and virtually memorize this | | | | attorney made the objection he may permit you to |
| booklet of your testimony so that you do not | | | | answer the question. |
| accidentally contradict yourself when you testify at trial. | | | | On the other hand, some questions are completely |
| Obviously, the shorter the booklet, the less difficult your | | | | improper and should never get an answer. In such a |
| cross-examination at trial will be. | | | | situation, your attorney will tell you not to answer the |
| Contradicting yourself will cast doubt on all your | | | | question. Follow the instructions. The other side must |
| testimony and could lead the defendant's attorney to | | | | then obtain a court order to get an answer. |
| accuse you of perjury. | | | | 10. Do not disclose anything your attorney has told you. |
| The following are ten points to remember when | | | | It is proper for your attorney or his paralegal to |
| testifying at a deposition: | | | | prepare you to give your deposition, but everything |
| 1. Depositions are not conversations. Depositions are | | | | they tell you is privileged. These instructions are |
| formal, legal proceedings. You are not there to make | | | | privileged; what other attorneys, paralegals, and |
| the other side understand your story. Be polite, but | | | | consultants in the office have said verbally or in writing |
| don't make small talk. If there is a question pending, | | | | is subject to the attorney-client privilege, and the other |
| don't say anything. | | | | side should not inquire about it. Never volunteer such |
| 2. You cannot win your case at a deposition. Do not | | | | information. If a question calling for such information is |
| help the defense attorney understand your case. Give | | | | asked, your attorney will object and instruct you not to |
| him as little information as possible while still telling the | | | | answer the question. |
| truth. | | | | If you follow these ten rules, your deposition will go well |
| 3. Think before you answer. Take your time. Make | | | | and not be excessively long. If you have questions, ask |
| sure you understand the question. Do not tell the | | | | them at the conference prior to your deposition. Be |
| attorney asking the question what you think he wants | | | | sure you understand what is expected of you. |
| to know. Just answer the question he asks you. | | | | |