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- Discovery
"About your upcoming deposition"
I. WHAT IS A DEPOSITION
A deposition is the taking of oral testimony of a party or witness under oath before trial. A court reporter will be present to record the lawyers’ questions and your answers which will later be typed in the form of a booklet.
II. THE USE THAT WILL BE MADE OF YOUR DEPOSITION
Your conduct and appearance as well as your answers will be used by the attorneys to evaluate the case before trial, and as a settlement tool for both sides. In the event of trial, your deposition may be used as testimony or it may be used to impeach you on cross-examination to try to discredit your testimony by showing that it is inaccurate, untrue and is something different than what you said on other occasions.
III. OPPORTUNITY TO REVIEW AND CORRECT YOUR DEPOSITION
Although you will have a chance to review and make corrections to your deposition, a lot of corrections would seriously undermine your credibility. Therefore, you should try to avoid the need for any later changes. If it occurs to you during the deposition that you have made a mistake, immediately inform the attorney questioning you, and correct it then and there.
IV. DRESS AND APPEARANCE
Your dress and appearance will affect the other side’s evaluation of the appearance that you will make before a jury, so it is important that your dress be appropriate to your position in life.
V. GENERAL DEMEANOR DURING THE DEPOSITION
(a) Sit up straight
(b) Avoid unnecessary gesturing
(c) Speak up
(d) Do not nod your head for an answer
(e) Do not chew gum
(f) Do not smoke
(g) Do not lose your temper
(h) Be courteous
(i) No joking or wisecracking
(j) Say yes or no instead of uh-huh and yeah
(k) Consider the occasion solemn and avoid getting “chummy” with opposing counsel
(l) Do not argue with the other lawyer
VI. NECESSITY OF BEING TRUTHFUL
The first and most important instruction is to be truthful in your answers. This means not only refraining from telling a deliberate falsehood, but also means being accurate. Do not guess at your answer. If you do not know the answer, admit you don’t know. If your memory is weak on a matter but you feel you should know the answer, admit nonetheless that you do not recall.
VII. UNDERSTANDING THE QUESTION
If you do not understand the question or any part of the question, ask that it be repeated or rephrased. Admit that you do not understand it and ask for an explanation.
VIII. LIMIT YOUR ANSWER TO THE QUESTION ASKED
Do not answer beyond the question being asked. Do not try to anticipate the “line of questioning.” After you have answered the specific question, stop talking and wait for the next question, even if the lawyer pauses as though waiting for additional explanation. Do not let the silence after you have answered the question force you to volunteer more information.
IX. VOLUNTEERING INFORMATION
Many favorable parts of your case may not be gone into. Don’t feel compelled to volunteer the information. Your case is not being tried; only your deposition is being taken. For instance, if you are asked the question: “Do you know what time it is?”, the proper answer would be “yes” or “no.” If you respond to this question by telling what time it is, you would be volunteering information. At the time of your trial, your attorney will fully develop all the favorable matters through your testimony and you will be able to...
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Request your trial- Appendices
- Discovery
- Standard responses, objections, and answers to interrogatories for defendants and plaintiffs
- Deposition duces tecum propounded to defendant city, whistleblower case
- Military records authorization
- Deposition outline checklist: plaintiff's deposition of defendant's employees: general questions
- Oral and video deposition duces tecum propounded to defendant for employment cases in general
- Scholastic records authorization
- Oral and video deposition duces tecum to plaintiff for employment cases in general
- Authorization for Texas worker's compensation commission records
- Employment records authorization
- Standard responses, objections and answers to request for production of documents for both defendants and plaintiffs for federal court cases only
- Medical Records Authorization
- Deposition checklist: deposing the plaintiff in employment cases (in general)
- Deposition outline (plaintiff)-false imprisonment
- Open records request to the TCHR
- Plaintiff's "triple threat" discovery propounded to defendant in sexual harassment case
- Plaintiff's "triple threat" discovery to defendant in age discrimination case
- Foia request to the EEOC
- Standard instructions and definitions for plaintiff's written discovery to defendant
- Sworn statement by non-managerial employee of defendant
- Plaintiff's standard "triple threat" discovery to defendant in employment cases in general
- Defendant's "triple threat" discovery propounded to plaintiff employee's spouse
- Standard responses, objections and answers to request for production of documents for defendants and plaintiffs under texas rules of civil procedure
- Standard instructions and definitions for defendant's written discovery to plaintiff
- Defendant's "triple threat" discovery propounded to plaintiff in employment cases in general
- Plaintiff's first request for production of documents propounded to defendant city in a whistleblower case
- Standard responses, objections, and answers to interrogatories for defendants and plaintiffs under Texas rules of civil procedure
- Race, age and firing-short version defendant's first requests for admissions, first set of interrogatories and first requests for production of documents propounded to plaintiff
- Level three discovery control plan
- Plaintiff's proposed pattern interrogatories and request for production
- Motion to compel discovery (state)
- Deposition outline-economist
- Deposition outline-medical/mental health professional
- Deposition outline-corporate representative-products liability
- Request for disclosures (long format) (state)
- Authorization for release of financial records
- Request for disclosures (short format) (state)
- Sexual harassment and firing defendant's first requests for admissions, first set of interrogatories and first requests for production of documents propounded to plaintiff
- "About your upcoming deposition"
- Discovery Plan
- Plaintiff's triple-threat to defendant re: stealing trade secrets
- Opposition to pre-suit deposition
- Order authorizing deposition
- Petition requesting deposition before suit
- Plaintiff's "triple threat" discovery to former employee stealing trade secrets
- Plaintiff's "triple threat" discovery to defendant - sexual harassment
- Request For Disclosure To Defendant-FMLA, ADEA
- Defendant's first set of interrogatories to plaintiff-FLSA
- Defendant's first set of requests for production to plaintiff-FLSA
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