Tips When Being Deposed

Below are some tips to remember when you are being deposed:

(1) A deposition is not an endurance test - if you need a break, ask.

 (2) A deposition is also not a memory test - if you need to refer to a document, then say so.   If there is a person who has  more knowledge about a matter, then say so.   This is not the time to be the "know it all."

(3) The deposition is not the time to try to convince the opposing side that they should dismiss their lawsuit - it's simply not going to happen.   Listen carefully to the question asked and answer it concisely.   Back in my defense days, when I represented health care providers, I saw too many doctors disregard this advice and try to educate opposing counsel about the medicine and explain why they shouldn't have been sued.  It never worked.  It only gave opposing counsel a free medical tutorial and resulted in a longer deposition because opposing counsel would have follow-up questions about the gratuitous information provided.  Opposing counsel had an expert critical of the doctor - so nothing the doctor could say would make the other side dismiss the case.  The best thing the doctor could do at his deposition would be to come across as a competent, compassionate, and caring physician.   Along these same lines, if you are a party to the lawsuit being deposed by opposing counsel, don't be surprised if your own attorney doesn't ask you any questions.   You will have your opportunity to tell your side at trial, in front of a jury, where it really matters.   Just answer the exact question asked and nothing more.  Again, you will have a chance to tell your side of the story and educate the jury at trial.

(4) Don't guess  - no matter how forcefully the opposing attorney acts, no matter how many times opposing counsel re-asks the question to try to get a different answer - don't guess - don't speculate - don't give your best guess-timate.  The last thing you want to do is guess because you are then stuck with your testimony.   If you change your testimony at trial, opposing counsel will read your deposition to the jury ("Remember when I asked you at your deposition....you were under oath at that time, same as here, and you told me....") and argue that you are either lying then or now, but regardless, the jury should not believe anything you say.   

(5) Finally, the most important thing you should remember about your deposition is simply to tell the truth.   You are under oath - same penalties of perjury as if you were testifying in a courtroom.