Get Disc 030 2008-2024

Tell the truth. Enough said. Answer the specific question asked. Do not volunteer other information. ... If you do not understand a question, do not answer. Simply say that you do not understand. ... Do not guess. ... A deposition isn't a memory test. ... Beware leading questions. ... Give complete answers, and then stop. ... Documents.

Prepare, Prepare, Prepare. ... Try to make a good impression. ... Listen to the question and understand it before you answer. ... Help the Court Reporter. ... Be accurate and don't guess. ... Look at documents and read them before testifying about them. ... If you are uncomfortable or have a questions, ask for a break.

Tell the truth. Speak audibly. Talk slowly. Think before you speak. Do not volunteer information; answer only the question that is asked. Be professional and polite. Take breaks as necessary (usually one per hour). If you do not understand the question, then ask for clarification.

Why Depositions are Necessary Both sides to the case are legally bound to share the information they possess. Both the defense and the prosecution the plaintiff in a civil case have a right to know in advance what all witnesses will say at trial. ... Before you give your deposition, you must be sworn in.

In giving a deposition: Always, Always, Always tell the truth; If you can answer a question honestly by simply saying "yes" or "no" do it and shut up; Do not explain your answers unless asked to do so; Do not volunteer information that was not asked for (you will create 3 more questions every time you do this); ...

Irrelevant Information During a deposition, you may refuse to answer a question because it is irrelevant to the matter at hand. ... If the opposing attorney insists on an answer to the question, you can adjourn and ask for an order of protection from the court that may exclude the question.

There aren't too many options if you have been subpoenaed to a deposition. If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.

You must answer all questions. Before you give your deposition, you must be sworn in. Even if you have been deposed, you may still be called to testify in court. Telling the truth keeps you from having to remember what you said so your answers remain the same.

Standard Deposition Questions Although there are exceptions, there are several deposition questions you should always ask because they almost always provide some kind of useful information. These standard deposition questions cover the following topics: The witness's arrest and conviction record.

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At a deposition, a person appears at a specified time and place and gives sworn testimony under oath, usually with a court reporter present so that a record is made. Depositions typically occur during the discovery phase of a personal injury case (after the filing of a lawsuit, but before trial or settlement).

Just as you have the right to refuse to answer questions in court, you may refuse to answer depostion questions -- under certain circumstances. ... A deposition is a witness's testimony outside of court, but it is done in the presence of attorneys and a court reporter, so it is considered sworn testimony.

After the lawsuit is filed and the insurance company hires defense counsel and the defendant files his or her answer, the case will enter a phase called the discovery process, which may include a tool known as a deposition.

Once the lawsuit has been filed, the best way to settle a case is to treat it as if it is going to trial. ... The reality is that cases do not settle until the key depositions are taken. The key depositions are of the defendant, any eyewitnesses, a police officer (if applicable) and the plaintiff.

Depositions are mandatory. You cannot refuse to attend. You really should get a lawyer to represent you unless you have experience with civil jury trials.