At a deposition, a witness will be asked question under oath, about the claims made in the lawsuit, and the questions and answers will be recorded by a court reporter.
You do not win your case at a deposition. This is the time for the other side to find out as much information from the witness as possible.
Your attorney will be present at your deposition and will make appropriate objections, but you will still have to answer all of the questions, unless instructed by your attorney not to answer.
The other side hopes that you speak endlessly and volunteer as much information as possible. When you volunteer information and answer simple questions with lots of words and information you are helping the other side.
The goal is to get you in and out of the deposition as quickly as possible.
Typically, the other side will begin by asking you about your background. Where you work, what licenses you have, your income etc.
Then the questions may start to be more specific as to the events in dispute that are the basis for the lawsuit or motion.
At the deposition if you need a break you have the right to request a break as long as a question is not pending when you ask for a break.
Pause before you answer. Let the attorney finish the question before you answer and pause before you answer. The court reporter does not record how long it takes for you to answer and can not record speaking people over each other.
Listen carefully to the question. Make sure you understand the question. If you do not, ask for a rephrase.
If you can answer with “yes” or “no” that is the best answer. The next best answer is “I don’t know” or “I don’t recall” if that is accurate.
I don’t recall means you may at one time known the answer to the question but sitting there right now you do not remember and I don’t know generally means you never knew the information.
The most common mistake made at a deposition is GUESSING. When you are not certain of an answer you should respond “I don’t’ know” or “I don’t remember” you should not guess.
