A deposition is an out-of-court, pre-trial testimony of a sworn witness in which a lawyer holds an interrogation session with the witness, a transcript of which he can use later in the court to build his client’s case. Depositions are legally binding, and refusing to participate in them can find you in contempt of court, the consequences of which can be serious. Most witnesses get nervous when subpoenaed to depose and their nervousness can tie them in knots during the process.
That said, Salt Lake City personal injury attorneys get their clients ready for depositions, and here is a guide prepared by our personal injury attorneys for people who are nervous about deposing:
How to Engage During a Deposition
- Sharpen your listening skills and listen to each question carefully.
- Do not answer immediately unless the answer is obvious. Think before answering – a pause does not lay the blame on you.
- If the question is vague, ask for clarity.
- If the questioning attorney is aggressive or otherwise disrespectful, gently point it out to him. You need to video-document any aggressive or inappropriate behavior.
- Most questions should ideally be answered with a “yes,” or “no.” Do not supplement the answer with unrelated information or data (or emotions).
- If you do not know the answer, say “I don’t know.” Stick to facts and do not hazard a guess.
- If your Salt Lake City personal injury attorney objects to any question, do not answer it until your attorney says it is ok to do so.
- If the questioning attorney distorts a fact or leads a question with information that is disputed, point it out immediately.
- If the questioning attorney attempts to distort your answer, point out or object to the inaccuracy.
- Many attorneys lead with questions that imply an answer. Such questions can typically begin with words like “Isn’t it true…?,” or describe an event and end with “did you..?” For example, “You didn’t witness the car accident when it happened, did you?” You need to be wary of such questions and your Salt Lake City personal injury attorney is the best person to prepare you about the kind of questions that shouldn’t be answered.
- Other questions that can trick you into a wrong answer include:
- Asking a question that is not in sequence in an attempt to throw you off-balance.
- Questions that misquote your answers (so be very careful and pay attention).
- Questions to which you don’t know the answer – respond simply by saying “I don’t know.”
- Questions that are statements – for example, “the documents are kept in a locker.” Respond by saying that you are unaware or that the question is not factual.
- The questioning attorney can also play mind games by staying silent. Do not get nervous. Stand your ground and remain silent until he cracks.
- Finally, always be truthful. If you aren’t, you will be charged with perjury.
Questions that You can Refuse to Answer
Here is a list of the type of questions you can refuse to answer:
- Questions that would reveal confidential information (example: doctor–patient, priest–confessor, attorney–client information). Your Salt Lake City personal injury attorney will guide you about Utah’s laws that protect you from answering such questions.
- Questions that try to extract private information, such as asking about your or someone’s health or sexuality or religion – unless the answer has a direct bearing on the case.
- Questions that demand that you reveal a confidential source.
- Questions that try to extract irrelevant information.
Well, we’ll stop for now and hope the guide has helped you understand what a deposition is and how to answer at one. If you need more information, please take advantage of our free initial consultation.
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This is a no-pressure, no-obligation meeting that will help you become a more informed litigant. During the meeting, we will calculate your approximate compensation claim, discuss your case’s strengths and weaknesses, and clear all your doubts.
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- Settlement offer
- Fee agreement (we back up “don’t pay if you don’t win” in writing)
- Legal costs
- All information (we pass on all case-related information and communication to you and guide you about the decision you ought to take)
A no-cost meeting with us will help you in ways that you cannot imagine.
You have everything to gain, and absolutely nothing to lose.
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