You should not provide conclusions or opinions on a subject matter (unless you are serving as an expert witness). You can only answer to your perception or memory of a situation or series of events. Your response should be limited to what you saw, heard, or did. You are not to volunteer information or help the examiner in any way. When a question is confusing or misstates a fact, ask that it be restated, or correct the misstatement as part of your answer. In this respect, be on guard when listening to the questions – do not let the examiner put words in your mouth and do not answer a question that includes incorrect facts or statements of which you have no knowledge. If the examiner makes a statement and then pauses, you do not need to say anything. If you do not understand the question, do not answer and ask the examiner to rephrase. Your job as the witness is to make the examiner ask good questions. Typically, unless waived, you will have the right to review the deposition transcript and correct any errors in your testimony when the transcript becomes available.Ĥ. Your words can come back to haunt you so make sure your response is well thought out. Remember- the question and answer will look the same on the transcript regardless of how long it took you to answer. Do not just blurt out the first thing that comes to mind. Take as much time as you need to formulate a complete and accurate response before speaking. The transcript does not show the time lapse between a question and your response and similarly does not show your wide-eyed response or short-lived look of panic following a difficult question. The best thing about a written transcript is that the reader has no concept of how long it took you to answer the question. However, the Court Reporter cannot capture inaudible responses so it is imperative that you provide oral responses and avoid “uh-huhs” or inaudible head nods. The Court Reporter documenting the deposition strives to capture a complete and accurate recording of your responses. Providing false testimony under oath during a deposition is considered the same as lying under oath in Court and carries equal penalties for perjury.ģ. Prior to beginning your deposition, the Court Reporter will place you under oath. This is more than an adage for how to live your life. However, if the deposition will be videotaped (which you will know in advance as this information will be noted on the Notice of Deposition), be sure to talk with your attorney regarding what to wear for your deposition and remember to maintain eye contact and to be mindful of your body language.Ģ.Tell the Truth. As your attorney will explain to you, most depositions are recorded by a stenographer and not a videographer. Share any concerns with your attorney and ask for guidance on how to address difficult questions. If appropriate, you and your attorney may review key documents respecting the lawsuit. Ask him or her to provide expected topics and go over sample questions. Prior to the deposition, meet with your attorney for a preparation session. If you are not a party to the lawsuit and do not have representation, retain an attorney for the limited purpose of defending you in your deposition. But what if you are not a party to the lawsuit? Doesn’t matter- the Indiana Rules of Trial Procedure allow parties to a lawsuit to take the deposition of any person twenty days after a lawsuit has been filed.Īlthough being on the hot seat will certainly be slightly uncomfortable, if you keep these tips in mind, the deposition is likely to go smoothly.ġ. The person asking the questions, the examiner, will ask a series of questions aimed at obtaining information which will help his or her client prove their case. A deposition generally serves two purposes: (1) find out what you know and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial). What is a deposition and what does that mean for you, the witness? A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath.
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