Steven C. Sasser, P.C.

Attorney and Counselor

TIPS FOR A SUCCESSFUL DEPOSITION[1]

Litigation today often involves a lengthy discovery process. An integral part of this process is the requirement that a client or witness give a deposition regarding the facts or circumstances surrounding the case.  A deposition is nothing more than an interview or interrogation of an individual who is under oath.  The questions and answers are recorded by a court reporter or stenographer and may or may not be admissible in later court hearings.

Although the concept of a deposition seems simple, it practical terms it is often a source of great stress and worry for a client. This article incorporates a list of pointers and tips I have given my clients over the years. The article is prepared to provide information about what to expect and tips to prepare for a deposition.

1.         Review all documents subpoenaed by the opposing party or which cover the situation involved in the lawsuit.

2.         Meet with your attorney prior to the deposition to discuss the process, the information to be covered and any specific information or tips he or she may have for your deposition.

3.         Listen to the questions asked. If you do not understand a question, ask that it be repeated.  Make sure you know what you are answering before doing so.

4.          Answer only the question asked. Do not volunteer information or answers not asked for.

5.          Be polite to opposing counsel. It will often take them by surprise.

6.         Do not allow yourself to get mad or being belligerent during the deposition. We all have a tendency to talk more than we should when we are mad or feel like we have been insulted. Many lawyers use this style of questioning for the distinct purpose of getting you to say more than you should.  Do not fall into the trap!

7.         Do not become to “friendly” with the attorney taking the deposition. Some lawyers use this technique to make you forget they are on the other side and the make you think they are your friend. Again, this is to try and get you to say more than you should.

8.         Try to relax but not become too comfortable. Although a deposition is an unnatural situation for most people, it is not something to get overly excited about or something to dread. Try to relax and listen to the questions. Just don’t become too relaxed and fall into the “best friend” category of deponent described above.

9.         Listen to and follow the instructions or directions given by your attorney.

10.       Write down any questions you have and discuss them with your attorney prior to the deposition.

11.       If you truly do not know the answer to a question, say so. Remember that if you truly do not know the answer, that is a valid answer to a question.

12.      Do not guess about an answer to a question. If you do not know the answer, say so and put the burden on the attorney to figure out where to go from there. Do not lead him or her in another direction with a guess.

13.      Give your attorney time to object before answering a question. There are certain objections that may need to be made prior to a question being answered. Pause a brief moment after a question is asked before answering to give your attorney a chance to object if necessary.

14.      When asked to identify a document or exhibit, review it carefully before doing so to insure what the document is and whether it is a complete copy. You do not need to read every word of a document just look over it to insure it is complete and a true copy of the original.

15.       Understand that a deposition is a part of the discovery process. It may cover or include areas that may not be admissible in a trial.

16.       Tell the truth.

17.       If a question can be answered “yes” or “no” says “yes” or “no”. If it cannot be, do not get trapped into answering “yes” or “no”. Answer the question as you need to.

18.       Remember to verbalize your answers. The court reporter cannot record and transcribe a head nod or shake. Stay away from “uh huh” and similar expressions.

19.       Do not answer a question where an objection has been raised unless I tell you to. Do not do so simply because another attorney tells you to. If I tell you not to answer do not do so.

20.       If you need a break, tell me and I will request one.

21.       Be relaxed, but not too relaxed.

This article was not intended as a complete list of tips for a deposition. It should, however, serve as a general guide to giving a deposition. Before giving a deposition, discuss the matter with your attorney and follow any specific instructions or guidance he or she may have.