Depositions are a staple activity in the world of civil litigation. If you’ve been summoned to give a deposition, don’t panic. There really isn’t any reason to feel anxious or scared.
In this article, I explain what a deposition is and provide helpful tips for a successful deposition. So, if you’ve been summoned to give a deposition and do not have the faintest idea of what it is and what it involves, keep reading.
What Is A Deposition?
If you’ve ever overseen a project, then you know that there are preliminary activities before you can execute the project. It’s the same with civil cases. Before a case goes to trial, the counsel undergoes what’s called a discovery phase and depositions are part of the discovery phase. During discovery, each counsel gathers information that can help them understand the case better.
A deposition is a testimony given under oath by witnesses or parties to a case. These testimonies are given out of court. So if you’re worried about appearing before a judge or jury, be rest assured that this isn’t going to be the case. It’s like a meeting, but unlike a regular meeting, a deposition is more like a question-and-answer session between you (the deponent) and the opposing counsel.
Purpose of a Deposition
Depositions play a key role in determining the outcome of a case. For the most part, it helps attorneys learn more about the case from all the parties involved.
The findings from a deposition can help parties determine whether the case is worth taking to trial or if they should opt for an out-of-court settlement instead.
Beyond determining whether to proceed with trial or not, the deposition phase helps attorneys prepare for the case. During deposition, they get to assess the opposing counsel and witnesses. This allows them to determine how best to approach the case during trial. It’s an opportunity for attorneys to discover the facts and specifics of the case so that there are no unwelcome surprises during the trial.
Depositions also help to preserve witness testimonies. In most cases, depositions take place weeks or even months before a court hearing. So, witness testimonies during deposition are considered fresher, since they are given closer to the date the event took place. Thus, contrary statements during trial can be countered with the deposition testimony.
What to Expect During a Deposition
If you’ve been asked to give a deposition, the first thing you need to know is that it is not a court hearing. With that out of the way, you need to understand that you’re going there to answer questions to the best of your knowledge. That’s it.
The opposing attorney will ask you several questions which you are expected to answer truthfully.
Depositions are usually held in an attorney’s office and are attended by the opposing counsel, a court reporter, you (the deponent), and your attorney. The court reporter serves as a representative of the court and records the entire proceeding. Some depositions are videotaped. If that’s the case, you’d have to be conscious of your appearance and body language while answering questions.
Tips For a Successful Deposition
- Go with an attorney: This is important, especially if you are involved in the case. You need an attorney to guide you through the process and make objections whenever the opposing counsel is going out of line. Remember that you will be questioned by the opposing attorney whose job is to protect the interest of his/her client. So you need to have someone on your side, someone who’ll be there to look out for your best interest.
- Dress and act professionally: Be on time, answer questions politely, avoid getting defensive, and dress like you’re there for serious business.
- Only give answers you’re sure of: There is absolutely nothing wrong with saying “I don’t know”, ‘I don’t remember” or “I’m not sure” whenever you do not know the answer to a question. You should never guess or assume just because you want to answer a question.
- Be honest: It goes without saying that you should answer questions truthfully. Depositions are given under oath. So, if you are caught lying, you lose credibility and risk getting charged with perjury.
- Don’t babble: Make your answers nice and short. There is no need to go into tales that are not relevant to the question asked. Unnecessary answers will only lengthen your deposition and you might end up giving out information that can harm your case.
- Pause before answering a question: This helps you process and understand the question before answering. If the question is unclear, ask for clarification.
- Take breaks: Your deposition might go on for hours (usually between 2-7 hours). So, ask for a break whenever you need one.
Good luck with your deposition.