What to be careful of in a deposition

Depositions can be a very intimidating process, specifically for someone who is unfamiliar with the process. There are many things that can feel overwhelming in the process like pressure from the opposing counsel and more. There are some common traps to be wary of in your preparation for your deposition. 

1. Listen carefully to the questions.

Don’t give up more information than you must. Listen intently to all questions asked and ensure your answers are concise and answer only what you have been asked. Don’t hand them more information than you are required to. The opposing counsel’s job is to get as much information out of you as possible. Don’t make their jobs easier by divulging things they are not asking about. The more information you give, the higher the likeliness they will have information to use against you.

2. If you don’t know, say it.

It is perfectly acceptable to answer, “I don’t know,” if that is the truth in your deposition. Don’t guess, don’t speculate, don’t hypothesize, don’t give your opinions. Don’t feel like every question has to be answered if there is not a clear answer. A deposition is a sworn testimony and the last thing you want to do is submit a hunch you had under oath. Likewise, if you don’t understand a question, ask for clarification. Don’t get tripped up by misunderstanding the question. 

3. Be wary of incorrect information expressed in questioning.

Speak up and state the facts, on the record, that the opposing counsel has gotten wrong in their line of questioning. If they are insinuating something other than the reality you can correct that in your testimony. Do not let their delivery cloud the facts for you.

4. Do not use all-or-nothing language.

It’s important to be clear, concise, and truthful in your testimony. Using words like “never” or “always” can create questions about your credibility. It is important to state the facts as they are and not over generalize the reality of the situation. 

5. Always tell the truth.

While the deposition itself might be stressful, it is important to keep a clear mind as you answer the questions directed at you. Always tell the truth. Any slip or deviation of the truth will allow the opposing counsel a foothold in destroying your credibility. In addition, it is important to remember that giving false testimony is a crime known as perjury and will likely destroy your case. 

Remain calm, seek solid representation, and show up prepared.