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How to Handle a Deposition: Advice from an OMIC Defense Attorney Tell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.
In the state of Washington, a subpoena or subpoena duces tecum accompanies a Notice of Deposition, which is written notice to all parties in a lawsuit that one party intends to take a deposition. A deposition is oral or written testimony given by a witness in advance of a trial or hearing.
JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.
Brief and concise answers are best. If you don't know the answer, ?I don't know? is a perfectly good answer. Don't guess, speculate, or play a hunch. A deposition is sworn testimony; only say what you know to be true.
Deposition DON'Ts: 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.
Rule 30(b)(6) testimony of third-party organizations can also be used at trial, provided it is admissible under the Rules of Evidence. Testimony taken under Rule 30(b)(6) may be presented at trial through a transcript read to the trier of fact or through a recording of the deposition.
Can you refuse to answer a question in a deposition? In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information, or the court previously ordered that the information cannot be revealed (source).
Rule 30(b)(6) is designed to prevent organizations from ?sandbagging? opponents at trial by making a ?half-hearted inquiry? into matters before depositions ?but a thorough and vigorous one before the trial.? See, e.g., Bd.
5 Steps for Responding to a Deposition Notice Analyze the documents that were served. ... Notify the party deponent. ... Decide whether to contact a nonparty witness. ... Object to defects in the deposition notice. ... Object to the production demand.
A subpoena is a legal document that ?orders? someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side's lawyer and yourself. Effectively reading the deposition subpoena is the first step in preparing for your deposition.