What Is A Deposition? Preparing For Your Deposition
What is a deposition? A deposition is an opportunity for the opposing counsel or attorney representing the other party, to be able to ask you questions.
Where will the deposition take place? The deposition will take place in either our office, the other attorneys office, or a convenient location in between the two. It typically is done in a conference room and not at a court house.
Will the judge be there? No. The judge is very busy with many cases and does not need to participate in the deposition process. However, sometimes a judge is contacted by telephone during the deposition if one party is not acting appropriately and a dispute needs to be resolved.
What do I wear? You can wear anything that makes you comfortable. You will be sitting in a room for anywhere from 30 minutes to a few hours depending on the facts of your case. With that being said, you should still look nice. You should not wear pajamas or sweatpants. You should not wear t-shirts with explicit language on them. If you have tattoos, you should cover them up. While most depositions are not video recorded, you are still making an impression upon the other party and attorney. The opposing counsel will report to the insurance adjuster how you answered questions and how you appeared. The insurance adjuster and attorney will be trying to gauge if a jury will like you or not.
Will I be placed under oath? Yes. Even though you are not in a court room, your testimony will be recorded and will have the same weight as if you testified in court.
Why is the court reporter there? The court reporters job is to type everything that is said during the deposition. This is so all parties will have a complete record of what happened. If at a late date your testimony changes, the transcript could be used against you to show that you testified differently on a different date.
Can I bring juice or coffee? Yes. You can even bring a snack. We have frequently had clients with medical disorders that require them to eat every so often or maintain their sugar levels.
Will I get a break? You can always ask for a break. If there is a question that was just asked, you will need to answer that question first and then take the break.
What if I can't remember something? You are allowed to say that you can't remember the answer. If you remember later during the deposition, you can answer it then. However, if it is something that you can locate the answer to, you can always call your attorney after the deposition and provide the information. Your attorney will then get the information to opposing counsel.
Should I guess? No. You should never guess an answer. If you do not know the answer, then say that. If you are estimating a distance or date, you can give the answer and let everyone know that you are estimating. However, guessing and estimating are different. Guessing is making up an answer and hoping you are correct.
Is there is time limit on answering the question? No. You can take as long as you need to answer. No one will time how long you take for each answer.
What if I don't understand the question? You can ask the person asking the question to clarify the question, repeat the question or even rephrase the question. If you answer the question, it is assumed that you understand what is being asked. Therefore, if you do not understand something about the question, it is best to clear it up before you provide an answer. Otherwise, it could hurt you later on during your case when that testimony is used.
What type of questions will be asked? You will be asked about your background, school history, work history, how the accident happened, what injuries you sustained, what type of treatment you had, if you are still receiving treatment, how you feel now, when you have pain, what you do for the pain, if there are certain activities you can no longer do.
Will my attorney prepare with me for the deposition? In our office, our lawyers ALWAYS prepare our client for the deposition. On many occasions, we have had several appointments with the same client to review the deposition because the client is very nervous or because the deposition was rescheduled. We prepare our clients ahead of time. Your attorney should NEVER prepare you on the day of your deposition. It is not fair to you.
Where will the deposition take place? The deposition will take place in either our office, the other attorneys office, or a convenient location in between the two. It typically is done in a conference room and not at a court house.
Will the judge be there? No. The judge is very busy with many cases and does not need to participate in the deposition process. However, sometimes a judge is contacted by telephone during the deposition if one party is not acting appropriately and a dispute needs to be resolved.
What do I wear? You can wear anything that makes you comfortable. You will be sitting in a room for anywhere from 30 minutes to a few hours depending on the facts of your case. With that being said, you should still look nice. You should not wear pajamas or sweatpants. You should not wear t-shirts with explicit language on them. If you have tattoos, you should cover them up. While most depositions are not video recorded, you are still making an impression upon the other party and attorney. The opposing counsel will report to the insurance adjuster how you answered questions and how you appeared. The insurance adjuster and attorney will be trying to gauge if a jury will like you or not.
Will I be placed under oath? Yes. Even though you are not in a court room, your testimony will be recorded and will have the same weight as if you testified in court.
Why is the court reporter there? The court reporters job is to type everything that is said during the deposition. This is so all parties will have a complete record of what happened. If at a late date your testimony changes, the transcript could be used against you to show that you testified differently on a different date.
Can I bring juice or coffee? Yes. You can even bring a snack. We have frequently had clients with medical disorders that require them to eat every so often or maintain their sugar levels.
Will I get a break? You can always ask for a break. If there is a question that was just asked, you will need to answer that question first and then take the break.
What if I can't remember something? You are allowed to say that you can't remember the answer. If you remember later during the deposition, you can answer it then. However, if it is something that you can locate the answer to, you can always call your attorney after the deposition and provide the information. Your attorney will then get the information to opposing counsel.
Should I guess? No. You should never guess an answer. If you do not know the answer, then say that. If you are estimating a distance or date, you can give the answer and let everyone know that you are estimating. However, guessing and estimating are different. Guessing is making up an answer and hoping you are correct.
Is there is time limit on answering the question? No. You can take as long as you need to answer. No one will time how long you take for each answer.
What if I don't understand the question? You can ask the person asking the question to clarify the question, repeat the question or even rephrase the question. If you answer the question, it is assumed that you understand what is being asked. Therefore, if you do not understand something about the question, it is best to clear it up before you provide an answer. Otherwise, it could hurt you later on during your case when that testimony is used.
What type of questions will be asked? You will be asked about your background, school history, work history, how the accident happened, what injuries you sustained, what type of treatment you had, if you are still receiving treatment, how you feel now, when you have pain, what you do for the pain, if there are certain activities you can no longer do.
Will my attorney prepare with me for the deposition? In our office, our lawyers ALWAYS prepare our client for the deposition. On many occasions, we have had several appointments with the same client to review the deposition because the client is very nervous or because the deposition was rescheduled. We prepare our clients ahead of time. Your attorney should NEVER prepare you on the day of your deposition. It is not fair to you.
