"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...