by Matthias Deangelo

Created on: June 01, 2009

For most clients, this is the first and only deposition they will ever give. Preparation is crucial. As a general rule, a good deposition is not going to help your client's case, as much as a bad deposition can hurt. With that in mind, I tell my clients the following:

A deposition is sworn testimony, generally given outside of the courtroom, before the trial or formal hearing. Usually, the deposition IS NOT a substitute for live courtroom testimony, unless the witness is unavailable at time of trial.

The deposing attorney is not limited to relevant questions, as long as a question "appears reasonably calculated to lead to the discovery of admissible evidence" This means you may be required to answer questions that you won't have to answer at trial. We need to discuss how to handle questions that deal with embarrassing personal information.

Because you are under oath, you must answer the questions truthfully, even if the answer is embarrassing; even if you think that the question is irrelevant. (It's not your job to decide that).

Listen to the question, and answer ONLY the question you are asked. We lawyers like to say: "Don't volunteer information". For example, in the TV show "West Wing" a lawyer asks one of the characters: "Do you know what time it is?" The correct answer is either: "Yes (you remember)"; or "No (you don't)". Now if you answer your spouse that way, you'll get a dirty look, but at a deposition, your only job is to answer the questions you are asked. Keep your answers as short as possible. Don't try to "explain" anything. You aren't there to "tell your story". That is for trial.

If you don't know an answer, or don't remember, say so. Don't guess. Don't be embarrassed to admit you don't understand a question. If a lawyer asks a question, and you answer, it implies you understood the question. Make the lawyer rephrase the question. Again, you are under oath, and if you try to speculate, it sounds as if you know, when you don't. If you are asked what time it was when the accident took place and you say it was around 9:30, when you really don't remember, you have locked yourself in. So, when you testify at trial that the accident took place at 11:30, (because you re-read the police report), the opposing attorney pulls out your testimony from last year when you "swore" that it was 9:30. These kind of inconsistencies can undermine your credibility which can kill your chances of success. Nobody likes to look stupid, so you don't want

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