what happens at a deposition? course hero

What happens at a deposition in a personal injury case?

“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.” AllLaw A deposition in a personal injury case isn’t held in court. However, a court reporter is present to record it, and lawyers from both sides ask questions.

What to expect at a deposition as a witness?

What to expect at a deposition as a witness includes this swearing and several other standard operating procedures. At a deposition hearing, the court reporter will give the oath and explain that the entire deposition will be recorded in some fashion and later made available to all parties.

Does the opposing attorney ask the first question in a deposition?

However, in a deposition, the opposing attorney asks all the questions first, similar to cross-examination in court. What are the deposition rules? When the deposition begins, most attorneys will provide you with a general statement regarding the “rules” of a deposition. You should anticipate they will say something along with the following:

What are the primary purposes of a deposition?

According to lawyers themselves, the primary purposes of a deposition are as follows: 1 Seeking admissions of guilt 2 Seeking discovery of information 3 Testing out possible theories 4 Gathering material that will support motions or trials 5 Observing witnesses from the other side of the case 6 Cementing potential testimonies

What happens at a deposition?

What are the deposition rules?

What to say when an attorney summarizes your testimony?

Why is it bad to answer a question before it is finished?

What to do if you don't understand a lawyer?

What do opposing sides want in a deposition?

What is a court reporter?

See 2 more

What should you not say in a deposition?

8 Things Not Say During a DepositionNever Guess to Answer a Question.Avoid Any Absolute Statements.Do Not Use Profanity.Do Not Provide Additional Information.Avoid Making Light of the Situation.Never Paraphrase a Conversation.Do Not Argue or Act Aggressively.Avoid Providing Privileged Information.

How can I not be nervous during a deposition?

Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.

Can you be rude during a deposition?

Recent cases are replete with examples of attorneys engaged in improper deposition conduct, such as acting rudely toward opposing counsel or asserting improper objections to interrupt the flow of information. This type of conduct can be intentional—interrupting and intimidating opposing counsel—or unintentional.

Should I shave for deposition?

Hair, including facial hair, should be neatly trimmed and combed. Long hair should be tied back. If you do not have a shaped beard or mustache, shave before recording your deposition.

How do you answer tricky deposition questions?

How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.

What questions can be asked in a deposition?

Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...•

Can I plead the 5th in a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.

Can you read from notes in a deposition?

Don't prepare notes, documents or diaries: You cannot use any notes, diaries or any other documents to assist you during your deposition unless the document has been approved by your attorney prior to the deposition.

What to say when you don't want to answer a question in court?

Good ways to say anything but "No Comment" to questions you really don't want to answer: "I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question" "I'm sorry but that information is proprietary"

What do you wear to a disposition?

There are a few guidelines that men should follow while deciding what to wear to a deposition. As a general rule, dressy slacks and a long-sleeve button-down shirt are a good outfit choice. A conservative tie also adds a nice touch. It is important that your outfit is not flashy.

How do you answer a prosecutor question?

Tips for a Successful Cross-ExaminationListen carefully to the prosecutor's question and let him ask his entire question before you answer.When you do answer, answer the question that is being asked, but nothing more. ... Stay calm and don't argue. ... Tell the truth. ... Think before you answer the question. ... Don't guess.More items...•

Is it okay to go to court with a beard?

The judge will notice your appearance before anything else. Dress in professional attire: men in a suit and tie, and women in a suit or dress. Grooming is also important to your appearance. Men should be clean-shaven or have trimmed and neat facial hair.

How stressful are depositions?

Potentially one of the highest pressure, highest stakes public speaking situations is on the witness stand in a courtroom or during a deposition. Even the most experienced witnesses can feel anxiety, which left unaddressed can hinder their testimony.

What should I wear to a deposition?

In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition. Not too casual. Do not wear jeans, shorts, sneakers, sandals, or head wear. Long pants, dress shoes, and a belt or suspenders are top choices.

How do you stay calm during a divorce deposition?

In a deposition, as in most things, preparation is a precursor to success....What follows are some useful tips that I give to my clients to prepare them for their deposition.Always tell the truth. ... ... Keep calm. ... Take your time. ... Remember the transcript. ... Be polite. ... ... Don't answer a question if you don't understand it.More items...•

Can personal questions be asked in a deposition?

What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.

What happens at a deposition?

This is part one of the two-part blog series, “What happens at a deposition?” Your deposition is probably the most important event that happens in your entire personal injury case. Believe it or not, it may be even more important than your testimony at trial. As scary as that may sound, it is actually a very simple event. A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case. A court reporter records your testimony with a stenography machine and then creates a written transcript to be used at trial. As long as you tell the truth, there is very little to worry about. However, below is a little more detailed explanation with some tips for giving your best and most useful testimony.

What are the deposition rules?

When the deposition begins, most attorneys will provide you with a general statement regarding the “rules” of a deposition. You should anticipate they will say something along with the following:

What to say when an attorney summarizes your testimony?

This point gets back to our basic rule that there is only one answer to any question: the truth. When people leave a deposition and feel like they were “tricked,” this is usually where it occurs. Be very cautious whenever the attorney attempts to summarize.

Why is it bad to answer a question before it is finished?

Trying to answer the question before it is finished will make for a confusing transcript, as the court reporter can’t take down to people speaking at once. It also is problematic because the attorney may have a different conclusion to the question than you thought.

What to do if you don't understand a lawyer?

If you do not understand, you should say that you do not understand the question and ask the attorney to explain the meaning before you try to answer it.

What do opposing sides want in a deposition?

The opposing side usually takes your deposition with three goals in mind. First, they want to find out what facts you have in your actual knowledge and possession regarding the lawsuit’s issues. In other words, they are interested in what your story is now and what it is going to be at the trial. Second, they want to pin you down ...

What is a court reporter?

A court reporter records your testimony with a stenography machine and then creates a written transcript to be used at trial. As long as you tell the truth, there is very little to worry about. However, below is a little more detailed explanation with some tips for giving your best and most useful testimony.

What is the main purpose of a deposition?

Essentially, to gather information! It allows both legal parties to interview witnesses with information pertaining to the case, usually taking place a significant amount of time before the trial itself begins .

What can I expect at a deposition hearing?

If you’ve been summoned to provide a deposition in court, it essentially means you’re being provided with an opportunity to share your side of events regarding a case.

What comes first deposition or mediation?

Deposition and mediation are two legal terms that are commonly mistaken for each other, but they actually mean very different things and neither comes in a particular order.

What happens if you ask someone inappropriate questions?

If anyone is asked something inappropriate, either party can object to the question, and deponents are also allowed to modify the answers they have given if they would like. This can then later be referred to by lawyers should the case go to trial, though.

What are the questions asked in an introduction?

The introductory questions you’ll be asked will be very simple, like giving your full name, how old you are, where you live, where you went to school and other simple facts like that. After this, things get a little bit more complicated

How to answer questions from a lawyer?

Keep in mind that much like being in a courtroom, when the lawyer asks you questions then you only want to answer what they’ve asked, without giving any extra or unnecessary information. Try to pause for a few seconds after each one is given.

What is the role of a court reporter in a court case?

Once everything’s all wrapped up, the court reporter prepares a transcription of the interview which is then sent to both parties for them to analyze and interpret in the lead up to either a trial or settlement, depending on what happens.

How to prepare for a deposition?

Prepare. If you do not have representation and are not a party to the lawsuit, retain an attorney as soon as you receive notice of a pending deposition to protect yourself . Prior to the deposition, meet with your attorney to review documents, discuss your testimony, and receive other pointers, such as appropriate dress and demeanor.

Where does a deposition take place?

A deposition usually takes place at the office of the attorney, deponent, or court reporter. Both defending and prosecuting attorneys, as well as witnesses, and a court reporter are present.

What Is a Deposition Hearing?

A deposition is a question-and-answer session conducted outside of a courtroom but still under oath. The reason for a deposition is so that an attorney or attorneys can gather information and facts from witnesses they believe will help their client’s position in a case, or, hurt their adversary’s position.

What is the role of a deponent in a deposition?

Before questions begin, a deponent is informed of the rules of the deposition – such as to give complete spoken answers, only to answer the questions they know and not guess, and not to talk over the attorney taking the deposition.

What is the job of a deponent?

A deponent’s job is to answer questions truthfully, simply, and to the fullest extent of their knowledge throughout the entire deposition.

How long can a witness be deposed in Texas?

The time limits for depositions in Texas are set by Texas Rule of Civil Procedure 199.5 (c), which states that “no side may examine or cross-examine an individual witness for more than six hours, ” and that “breaks during depositions do not count against this limitation.” Practically, this rule results in most depositions falling somewhere within the 9 a.m. to 4 p.m. range, which is seven hours with a break for lunch. Depositions may be scheduled for multiple days or extend into additional days if needed.

What is a good candidate for deposition?

Generally, cases where the observations or knowledge of individuals are important to the facts of the case, are good candidates for depositions. For example, a personal injury case involving multiple cars colliding in a busy downtown intersection at midday could warrant the depositions of the drivers, passengers, and witnesses walking the streets to determine who was at fault for the accident.

What is a Deposition?

The purpose is to investigate the other side’s case and to gather evidence for one’s own. A deposition usually takes place in a lawyer’s office, with a court reporter who takes a record of everything that is said and later produces a transcript of the proceedings that can be used at trial.

What to say when conducting a deposition?

Traditionally, you may then say “I call for its production”. This is not a requirement, but it is a good place marker which will allow you, in reviewing the transcript, to spot the matters on which you need to follow up. Correspondence should go to the other attorney promptly after you receive the transcript, reminding her that you are waiting on some documents. Otherwise, you may find one day that the case is on the trial calendar, and your ability to seek those documents you never saw is lost, or at least greatly limited.

What does defending a deposition mean?

The attorney “defending” the deposition does a different kind of preparation: she rehearses her client and tries to anticipate what the other side will ask. Rehearsal does not mean writing a script for the witness, and we must never coach a witness to lie or withhold anything which would be responsive to a direct, well-phrased question. We counsel witnesses to think for a moment to make sure they understand the question (which also gives us time to intervene if we think the question is confusing and should be rephrased). We tell them never to volunteer information.

How long does a deposition last in New York?

A deposition may last one hour, or in a complex case, a full day. New York’s commercial division, which deals with large cases, limits depositions to seven hours. This is another change from thirty years ago, when depositions sometimes lasted for days.

What is the best way to testify at a deposition?

This tactic almost universally fails. The best way to testify at a deposition (or at a trial) is to be calm, careful and truthful.

When to use deposition transcripts?

Deposition transcripts can be used at trial or for summary judgment, which is when one side tries to get a judgment before trial , just using the documents and the deposition transcripts.

Can you anticipate everything a lawyer asks?

In “rehearsing” for a deposition, you will never be able to anticipate everything the other lawyer will ask, but you will at least have given the witness a training in answering questions that will help when the unexpected is asked.

What a Deposition Looks Like?

A deposition is part of the discovery process, which includes an exchange of information and written questions.

Steps After a Deposition

The reporter records everything that’s said during the deposition, including both questions and answers.

Hire an Experienced Lawyer to Guide You Through the Deposition Process

The most important thing to do during and after the deposition is to have legal representation.

What happens at a deposition?

This is part one of the two-part blog series, “What happens at a deposition?” Your deposition is probably the most important event that happens in your entire personal injury case. Believe it or not, it may be even more important than your testimony at trial. As scary as that may sound, it is actually a very simple event. A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case. A court reporter records your testimony with a stenography machine and then creates a written transcript to be used at trial. As long as you tell the truth, there is very little to worry about. However, below is a little more detailed explanation with some tips for giving your best and most useful testimony.

What are the deposition rules?

When the deposition begins, most attorneys will provide you with a general statement regarding the “rules” of a deposition. You should anticipate they will say something along with the following:

What to say when an attorney summarizes your testimony?

This point gets back to our basic rule that there is only one answer to any question: the truth. When people leave a deposition and feel like they were “tricked,” this is usually where it occurs. Be very cautious whenever the attorney attempts to summarize.

Why is it bad to answer a question before it is finished?

Trying to answer the question before it is finished will make for a confusing transcript, as the court reporter can’t take down to people speaking at once. It also is problematic because the attorney may have a different conclusion to the question than you thought.

What to do if you don't understand a lawyer?

If you do not understand, you should say that you do not understand the question and ask the attorney to explain the meaning before you try to answer it.

What do opposing sides want in a deposition?

The opposing side usually takes your deposition with three goals in mind. First, they want to find out what facts you have in your actual knowledge and possession regarding the lawsuit’s issues. In other words, they are interested in what your story is now and what it is going to be at the trial. Second, they want to pin you down ...

What is a court reporter?

A court reporter records your testimony with a stenography machine and then creates a written transcript to be used at trial. As long as you tell the truth, there is very little to worry about. However, below is a little more detailed explanation with some tips for giving your best and most useful testimony.