Depositions may be a stressful process for witnesses (referred to as deponents) who are ill-prepared. It is important, however, to note that confidence is key when it comes down to being a great witness. Some careful preparations should be considered to help witnesses become comfortable and accurate in their oral testimonies.
Understanding Depositions
Deposition in the US law refers to an oath-sworn, out-of-court testimony of a witness that is documented in a transcript. The process usually occurs in a conference room within a legal firm.
There are no judges present at a deposition session. The deposition usually involves the witness, attorneys of interested parties, a videographer, court reporter (who records the transcript), and a legal professional who authorizes the oath. Depositions may be requested in discovery or trial (in the case that the deponent is unavailable during trial).
Things to Bring for the Deposition
Dressing well is an important part of the process. Although there is no need to overdress for the occasion, deponents are recommended to dress as they would for a job interview, with clean and pressed clothing. Deponents should be presentable, comfortable and credible throughout the session.
Documents discussed with your attorney should never be brought into the deposition room. Handphones and other digital devices should be kept outside as well, since opposing attorneys may request to browse through emails and messages. It is crucial to avoid any items that have the potential of repudiating your testimony.
What to Expect on the Day of Deposition?
It is essential to meet your attorney about 15 minutes before the start of the deposition. This allows you time to review any documents before the session. Alternatively, you could arrange to meet your attorney at his office before proceeding to the deposition venue. The accompanied trip may offer witnesses greater confidence.
Witnesses/deponents will be seated at the conference table, from across the opposing attorney. Your attorney will be seated beside you throughout the procedure. The videographer will mic you up before the commencement of the session.
The name, date, time, and address of the session is announced. This is proceeded with the attorneys introducing themselves. The deponent is then requested to raise his hand to swear an oath of truth. The Court reporter will be recording the transcript with a stenograph or digital device during the deposition.
Answering Questions during the Deposition
Attorneys are not allowed to directly coach the deponents being represented. It is important for the deponents to be calm and confident throughout the session. Most importantly, deponents should remain truthful at all times. An exposed mistruth can damage or destroy your credibility in court. Opposing counsels may acquire online information, daily surveillance, and subpoenas that will expose the truth.
Honesty is the best policy when it comes down to an effective deposition. Deponents should also be extremely mindful when answering the questions posed during the session.
Understand the Question
Only answer if you understand the question. Ask the attorney to repeat or rephrase a question if it seems convoluted or unclear. Deponents can only answer with confidence if they know what exactly is being asked. Be wary of questions that seem vague or repetitive.
Keep Your Answers Simple
“Yes”, “no”, “I don’t know”, and “I don’t remember” are some of the best answers to most questions. Never speculate or guess. Keep your answers straight to the point. Be open about it if you cannot remember a piece of information.
You’re not expected to possess a photographic memory. There is no need to explain why you cannot remember. A deposition is all about sharing what you know and hold as truth.
Be Clear in your Answers
Stick to “yes” and “no” for clarity. Avoid terms like “uh-huh” as they appear ambiguous on the transcript. Never answer by shaking or nodding your head during the interrogatory as court reporters are not allowed to record non-verbal responses.
Review Documents before Answering
Always request to review a document that is being referenced by the opposing attorney. Never trust assumptions made about a document. Only agree or answer once you have checked that the referenced information is accurate.
Deciding Between “I don’t know” and “I don’t remember”
The terms are not interchangeable. Only say “I don’t know” if you never knew the answer to a question. Use “I don’t remember” if your memory on the subject is fuzzy at the point of deposition.
This is a major difference in a trial. The former is a final absolute statement that should not be rescinded in the court of law. However, the latter provides you with the leeway to make corrections upon consulting supporting documents that refresh your memory on the subject.
Refrain from Absolute Answers
Avoid absolute answers unless you are extremely confident about them. Be sure to use words like “approximately” and “roughly” to clarify that you are referring to a range or estimation.
Be Truthful
Above all else, deponents should be truthful at all times. Every question should be answered clearly and thoughtfully for the best possible outcome.
Bennett Law Injury is a personal injury plaintiff’s law firm that represents individuals in various cases including workplace injuries and wrongful crashes. Our professional team is dedicated to ensuring that clients receive the full compensation and legal support that they deserve.
