Deposition

A deposition is a sworn statement requested by either party through their counsel and taken under oath by a stenographer, also known as a court reporter. It can be taken anywhere that both parties agree upon, but most often occurs at the office of the attorney requesting this proceeding.

Therefore, if a deposition is requested by the defendant’s attorney, then the deposition would probably take place at his office. The deposition is defense counsel’s opportunity to size up. The adjuster for the defendant’s insurance company may also be present, depending upon the company’s estimation of plaintiff claim’s value, potential verdict amount and company procedure. Plaintiff’s attorney will meet to prepare testimony prior to the date of deposition. Listen carefully to his advice, review the interrogatory answers and note the following tips as well:

Tips:

• Wear neat, clean, conservative clothes. Go easy on the jewellery.
• Refresh the memory. Review the records/contents of expandable file.
• Answer all questions audibly and distinctly.
• Do not guess the answer to a question.
• If do not understand a question, ask the attorney to repeat or clarify it.
• Always tell the truth. This is a statement under oath. There are criminal penalties for perjury.
• Do not volunteer information or elaborate. Answer only the question asked.
• Do not try to figure out why the attorney is asking a certain question.
• Do not ever lose temper or argue with defense counsel.
• Do not be sarcastic or hostile toward him. He is only doing his job.
• Be courteous toward everyone involved in the deposition, including the court re-porter.
• Say “Yes sir” and “No sir” (or "Ma'am") when answering a question.
• Do not estimate anything unless clearly state that the plaintiff are doing so.
• If do not recall the answer to a question, state that.
• Do not anticipate a question. Let the attorney finish the question.
• Do not correct the attorney if he makes a mistake.
• Do not look to attorney for help when answering a question.
• Take all the time that require to answer a question.
• Study photos/diagrams carefully before identifying or giving an opinion.
• Do not try to make jokes. A lawsuit is a serious matter.
• Rely only on own personal knowledge to answer a question.