What Is a Deposition?
A deposition is a tool used during the discovery
process of a court case, which allows an attorney to gather sworn testimony
from a witness. The individual being questioned is called a deponent, and their
answers will likely impact the outcome of the case.
A deposition is a formal process where the deponent answers questions under oath, with their responses recorded by a court reporter. The deponent is often a party to the case but can also be a non-party with information relevant to the case.
The deposing attorney's primary goal is
to uncover facts and lock in a deponent's statements, which may later be used
in court. This blog will discuss how a deponent may prepare and present themselves
confidently during a deposition.
Prepare for the Deposition
Before a deposition, the deponent should familiarize
themselves with all relevant documents and their previous answers to
interrogatories. Reviewing emails and texts related to the case will help
ensure that their answers are consistent and accurate.
The deponent's mental and physical state can significantly impact their performance. They should aim for a restful night's sleep before the deposition and may benefit from light exercise or packing a nutritious snack to maintain energy levels.
It's important for the deponent to discuss any
concerns about potential questions with their attorney. Any challenging aspects
of their testimony should be discussed with their attorney, so they may
strategize with their lawyer before the deposition on how to address these
issues without undermining their case. Honesty is crucial, but framing answers
effectively is equally important.
Tips for Deposition Testimony
Listen and Pause
When a question is asked, the deponent should take a
moment to listen carefully. This pause allows them to process the question and
gives their attorney a chance to object if necessary. Most objections can be
waived later but will be preserved for the record.
Be Succinct
The deponent should aim for concise answers. They
should respond directly to the question without volunteering additional
information. The more straightforward the response, the less opportunity there
is for misinterpretation or complication.
Guard Thoughts
The deponent needs to think carefully before
speaking. They should avoid saying anything they wouldn't want to see in a
court transcript. Maintaining a calm, courteous, and composed demeanor is
essential, even if discussions become contentious.
Handle Document References with Care
If a question pertains to a specific document, the
deponent has the right to review the document before responding. This can help
refresh their memory and ensure accuracy in their answers.
Avoid Absolute Statements
Caution is necessary when using language that may lock the deponent into a specific position, such as "never" or "always." Such statements can be used against them if circumstances change or if new evidence arises.
Remember the Purpose
The deponent's objective during a deposition is not to "win" the case but to provide truthful and accurate information without damaging their position. They should stay focused on the questions asked and refrain from disclosing more than what is asked.
Depositions can be intimidating, but with proper preparation and a clear strategy, the deponent can navigate the process effectively. They should remain calm, keep their answers focused, and rely on their attorney's guidance throughout this critical moment in their legal journey. The ultimate goal is to protect their case while providing honest testimony.