When in the discovery phase of your trial, you may be called for a deposition. A deposition is used as a part of the discovery process and has the potential to be used at trial. A deposition is a witness’s sworn out-of-court testimony. In a deposition, you will be put under oath and the opposing party’s attorneys will ask you questions related to your case. During a deposition there is no judge or jury present. However, there is a court reporter present that captures every question, answer, and any other comments on the official record. This record may then be filed with the court.
It’s important to be prepared and know what to expect when you walk into your deposition. A deposition has the power to help or harm your case. A deposition may help the opposing party evaluate your case, including the strength of your case for settlement purposes. Also, deposition testimony may be used against you in trial if your testimony differs from what you said at deposition. With that, here are some tips to keep in mind when going to your deposition.
- Tell the truth. When you are at a deposition, you are under oath. Like in a court room, lying under oath can lead to criminal charges. This could also damage your credibility in court, which could severely negatively impact your case.
- Only answer the question you are asked. When a question is asked, give a direct and straightforward answer. When you are done with your answer, stop speaking. You do not need to volunteer information to the opposing party, and you do not need to overly explain yourself. The opposing counsel will ask follow-up questions if they want more information.
- Be consistent. The opposing counsel may ask you the same or similar questions repeatedly looking for a different answer. It is important to be consistent and remain truthful if this happens. Inconsistent answers can lead to your credibility and truthfulness being questioned when the case goes to trial.
- Wait until the question is done before answering. Do not anticipate what is being asked of you and presumptively answer it. The question may be asking something else that you were not anticipating. Your lawyer may also have an objection to make that would make answering the question unnecessary. It also creates confusion on the transcript of the deposition if multiple people talk at once.
- Speak in complete sentences and give concise answers. If the question requires a yes or no answer, respond with yes or no. Do not use phrases like “uh-huh”. Those do not translate well and can create a confusing record. It’s also important to remember to answer verbally and not use gestures. Body language and gestures will not be taken down by the court reporter and entered into the record.
- Do not answer a question if you don’t understand what is being asked. If you do not understand what is being asked, ask the opposing party to rephrase or repeat the question. It’s the opposing counsel’s responsibility to ensure they are asking a question you are able to answer so don’t guess what they mean.
- Answer what you remember, do not guess if you don’t remember or don’t know. It is okay to answer a question with “I don’t know” or “I don’t’ recall.” You only want to testify to something you have personal knowledge of. You are answering a question on the record and your answer can be used against you in court.
- Remain calm and polite throughout the deposition. You do not want to argue or respond angrily with the opposing counsel. During a deposition, the opposing counsel will also be evaluating how well you will testify in court. With that, it’s important to avoid things like sarcasm in your answers. Sarcasm will not translate well on a transcript when reviewed months or even years later.
- Dress appropriately. A deposition is like a court appearance. It is best to dress in clean, neat clothing, similar to what one would wear to a business meeting or court appearance.
- Propertly Prepare for your Deposition. Preparing for your deposition could include reviewing documents with your prior statements and speaking with your attorney. The opposing party may ask you about what documents you reviewed and if you met with your attorney. A skilled attorney can put your mind at ease by properly preparing you for your deposition.
If you need further guidance or have legal questions regarding your matter, don’t hesitate to reach out to our dedicated team at Dixon & Moseley, PC. We’re here to help you navigate the journey. Dixon & Moseley, P.C. attorneys handle all types of family law cases throughout the State of Indiana and understand the significance of same. This blog post is written by members of the Dixon & Moseley, P.C. team and is not intended as specific legal advice or a solicitation for services. It is an advertisement.