In collecting evidence in preparation for trial, one or both parties of a lawsuit may require the deposition of a party or other witnesses in the case. The testimony from depositions is later used to explore the strengths and weaknesses of the case; they may reveal something about the case that encourages one party to settle, or set the tone at trial when a lawyer uses the deposition to fact-check a witness's testimony.
What is a deposition?
A deposition is recorded testimony that is given out-of-court by a witness or party involved in a legal case. These are official legal proceedings that usually take place in a law firm; they require swearing in and transcription from a court reporter. The information gained through a deposition can be used by both sides to evaluate the strength of their cases, consider settlement, and prepare for trial. Deposition testimony may also be used in court.
Read More: Oregon Rules of Civil Procedure ORCP 39: Depositions Upon Oral Examination
While your deposition may seem informal, it is important to treat it as you would your day in court. This means dressing and acting appropriately at all times.
Why are depositions taken?
Depositions are a way to understand a case from different perspectives. Each attorney will be looking for evidence that strengthens their case; to do so, they may ask questions that elicit particular responses. If your case goes to trial, the information in your deposition can be compared against your trial testimony for inconsistencies. Finally, depositions are a means of seeing how you may present to a jury. During a lawsuit, both you and your lawyer making a good impression during deposition is important to getting a good settlement offer.
What kind of questions will they ask me during a deposition?
A deposition could include questions that span a wide range. You may be asked about your childhood, education, work experience, personal relationships, medical history, work history, and criminal history, as well as questions about previous accidents or lawsuits. Some questions may feel very personal; unless they are relevant to your case, these will not be admissible in court. We recommend letting your attorney take the lead in preparing you for your deposition and focus only on giving truthful testimony.
Our Oregon personal injury law firm believes preparing for a deposition is crucial to the litigation process. We make sure that our clients know exactly what to expect before being deposed. The process may seem daunting, but being well-prepared will take some of the guesswork—and fear—out of your deposition.
Read More: Your Personal Injury Rights
Preparing for a Deposition: An Overview
The most important factor when preparing for a deposition is to follow your attorney’s legal advice. The deposition process can be daunting, so always ask your attorney questions beforehand and make sure you understand the process before it begins.
When you meet with your attorney, they will help to explain the process and what to expect, discuss potential questions you might be asked, and help you provide clear and concise answers that honestly answer questions. They may also advise you on decorum, legal strategies the opposing lawyer will be employing, and any objections that might arise.
Step 1: Prepare With Your Attorney
Your attorney will review all relevant documents with you to ensure you understand what may be asked of you at your deposition. In helping you prepare for your deposition, your attorney and the opposing attorney will look at relevant medical documents, insurance information, police reports, emails, letters, and any other documents related to the case. It’s important to familiarize yourself with these documents as they may be referenced during the deposition. Being caught off guard by a document you don’t remember can hurt your credibility.
Step 2: Practice Giving Testimony
Practice makes perfect, especially when it comes to depositions. Your attorney may conduct a mock deposition, asking you questions similar to those you might face. This practice session is crucial for getting comfortable with the questioning format, learning to stay calm and composed, and practicing clear, concise answers. Always listen carefully to each question during the actual deposition, and take your time before responding truthfully. If you don’t understand a question, always ask for clarification.
Step 3: Keep Calm
On the night before the deposition, be sure to get a solid rest; eat a healthy breakfast, and remove any distractions that may increase your stress. Depositions can be stressful, so it is important to remain as calm as you can leading up to the event. The opposing attorney might try to provoke or confuse you to elicit certain responses; by keeping your cool and staying focused on the question at hand, you will avoid getting defensive or argumentative.
Deposition Tips
Take time to prepare.
Your personal injury lawyer should be part of the deposition preparation process; they should go over the facts of your case, including any that are in contention, so that you have a chance to refresh your memory before answering questions under oath. Your attorney will be able to help you navigate any potentially awkward or uncomfortable parts of your case while also bringing to mind your case strengths. Being able to speak clearly to the defendant’s liability, the extent of your injuries, and the impact the accident has had on your life will make your deposition helpful and easy.
Think carefully before answering.
It may be tempting to answer a question quickly to get it out of the way, but during a deposition, it is critical to listen to the entire question and think about your answer before responding. This is important because it allows you the space to answer the question in full without volunteering new information that may form the basis of another line of inquiry. After an attorney asks you a question, repeat the question in your own mind, pause, and breathe. If you are presented with a photo or other piece of evidence, be sure to examine it carefully. This also allows your attorney the opportunity to object to the question or exhibit if needed. If you need a question read back, you can ask the court reporter to do so.
Say less—and never guess.
You may be tempted to offer full, involved answers to every question, particularly if you feel scrutinized or nervous. However, it is important that you never volunteer information or give answers to questions that have not been asked. Your only obligation is to answer the question in front of you. Single-word answers are not only acceptable but often preferable to long, detailed responses. If extra information is needed, the attorney will ask for it. If you do not know the answer to a question, it is okay to say “I don’t know” or “I don’t remember.” Stay silent until the next question is asked.
Ask for clarification if needed.
Make sure you understand the question being asked—and ask for clarifications before answering. The attorney is obligated to explain the question so that you understand it, but they may attempt to ask it in such a way as to lead you into giving more information than you need to give. If you answer a question without fully understanding it, you may compromise your case. If you are ever in doubt, simply ask for clarification.
Tell the truth.
This should go without saying: never lie under oath, even if you believe the truth will damage your case. Lying outright, or simply embellishing the truth, will not only damage your credibility but also destroy your case. A better approach is to go over the weak areas of your case with your attorney and think carefully about how you will answer certain questions if they arise.
Practice staying calm.
Depositions can be stressful events, particularly if a lot of money is on the line. However, it is critically important that you stay centered around telling the truth without embellishment and without getting upset or argumentative. Not only could this lead you to say things that are unhelpful or damaging to your case, but it could color the jury’s opinion if your deposition is played in court. Practice staying calm, even when questions become uncomfortable. Stay relaxed, take your time in answering—and ask for breaks as needed.
Leave your notes at home.
Think of your deposition as a closed-book test on the event in question. If you bring notes, the defense will ask to see them. While some attorney-client information is privileged—that is, private—anything used to assist with your testimony is fair game for the opposing counsel. The opposing lawyer will request any notes you make to prepare for your deposition. To avoid this, take the time to prepare thoroughly beforehand and avoid creating documents for your deposition.
Correct mistakes quickly.
The best time to correct mistakes or errors in your testimony is at your deposition before the transcript has been prepared. If you feel you misspoke or that there is more to say, always speak to your attorney at a break and follow their advice. You may be able to offer clarifying or supplementary information as you return to questioning. If you realize you made an error after your deposition, you may still be able to correct it, but this may be jurisdiction-dependent.
A deposition is a significant step in the litigation process, and being well-prepared can make all the difference. By understanding the purpose, reviewing documents, practicing with your attorney, and maintaining composure, you can navigate your deposition with confidence and integrity. Remember, your testimony can shape the outcome of the case, so take the time to prepare thoroughly.
Choosing an Experienced Trial Lawyer with Deposition Skills.
There is a big difference between lawyers that settle every case, and ones who litigate and try cases. If you hire a lawyer that settles every case and then the offer from an insurance company is not enough to settle your case, you will be stuck with a lawyer who is unfamiliar with depositions. Unless your lawyer thoroughly prepares you for a deposition, it is unlikely to result in a good settlement offer, or trial outcome. Be careful to choose the best lawyer for your case, including the necessary skills in deposition and trial.
To speak to an attorney at DeShaw Law about your case, call (503) 227-1233.
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