Deposition Tips
The opposing attorney has asked to take your deposition, as he or she is entitled to do under the law.
A deposition is a proceeding during which your testimony will be taken by oral questions and answers, under oath, with a court reporter taking down everything that is said. Before the deposition, your lawyer will review the facts of the case with you, and your lawyer will attend the deposition with you to protect your interests there. Combined, the conference before the deposition and the deposition itself will probably take between two to five hours.
Because the court reporter will be making a record of everything that is said during the deposition, you should be careful to respond verbally rather than making gestures to indicate your answers. For example, you should respond "yes" or "no" instead of shaking your head or answering "uh huh."
You should present as neat and clean an appearance as possible on the day of your deposition. This means getting as much sleep as possible the night before. Dress as conservatively as possible, preferably in a business suit. Your appearance is important because the opposing attorney will be assessing the impression you will make on the jury at trial. If you make a favorable impression on the opposing attorney, it will increase the importance of the case in the opposing attorney's eyes.
Maintain your decorum during the deposition. Do not be defensive in answering the questions posed to you. Do not allow the opposing attorney to provoke you. If you become defensive, angry, or sarcastic, it will only work against you.
Do not volunteer information. Answer the specific question that is asked and then stop talking. If the opposing attorney is overly friendly, be polite but do not be fooled — he or she is not your friend.
Some attorneys will attempt to rattle and confuse the person being deposed. They are hoping to get answers from you that they can use at trial to impeach you. If you do not understand a question, say so. Answer, "I'm sorry, I don't understand the question." Then wait for the opposing attorney to re-phrase it.
Be careful when the attorney asks for exact distances, times, or other details. Unless you are positive of a fact, use approximations. The opposing attorney will use any inconsistencies in your testimony against you when cross-examining you at trial. The opposing attorney may also ask you the same question several times in different ways. The opposing attorney is hoping that you will contradict yourself. Be aware of this strategy.
Before the deposition, review your answers to interrogatories. Any inconsistencies between those answers and your answers at deposition also can be used against you.
If you cannot remember something, do not answer, "I don't know." Then if you remember it later, the opposing attorney can make it appear that you were lying when you said you didn't know, or that you were being deliberatively obstructive during the deposition. A better answer is "I don't recall at this time."
All communications between you and your attorney are privileged. If the opposing attorney veers into that area, wait to answer in order to give your lawyer a chance to object to the question.
The two most important things when having your deposition taken are:(1) tell the truth; and (2) be calm.