Depositions are taken before a trial.A lawyer asks a witness questions and the witness answers under oath during a deposition.To uncover what the witness knows and to get their testimony on the record in case they can't attend trial is the purpose of a deposition.Questions and answers are usually taken down by a court reporter when depositions are videotaped.
Step 1: Meet your lawyer.
The ground rules of the deposition are what your lawyer will want to walk through.He or she may want to know what questions you will be asked.Try to get a meeting with your lawyer as soon as possible.You can still prepare for a deposition if you don't have a lawyer.
Step 2: Take a second to remember the incident.
You need to review any paperwork related to the lawsuit.If you wrote down your thoughts after the incident, you should also read your notes.You can review your answers to interrogatories and requests for admissions that you answered.Take out the paperwork and see how you answered.Your answers need to be in line with what you said in the documents.You need to testify based on your own recollection.Don't read someone else's testimony.You shouldn't review a police report since it usually contains other witness's statements.
Step 3: Anticipate questions.
The lawyer will want to show you the incident that is the subject of the lawsuit.The lawyer is looking for information.Make a list of questions you think the lawyer will ask.It is difficult to know what a lawyer will ask.You could have a friend or family member read the complaint and then write questions about what happened.If you were in a car crash, the lawyer will have a lot of questions about what you did before you got into the car.
Step 4: Hone your answers.
You have to tell the truth in your deposition.You can still answer questions in a focused manner.People need to practice their answers so they don't talk.To be able to communicate your memories in a focused way, the goal is not to memorize answers.If you are sued for a traffic accident, the lawyer might ask you: "What color was the light when you went through the intersection?"I'm pretty sure.The car in front of me was green and the one in the back was yellow.You could answer, "The light was yellow."You could say, "I was looking at it as I drove through the intersection" and wait for the lawyer to ask how you know.
Step 5: Remember the helpful tips.
You can use certain strategies during the deposition to be an effective witness.These tips should be reviewed.If you want your answers to become second nature, be sure to answer as quickly as possible.If you can answer with "yes" or "no" then you should.Don't try to guess.If you really don't know, say that.Provide estimates but be careful.Make sure the lawyer knows what you are estimating.You need to understand the question.Questions that are easy to understand are what the attorney should ask.Ask the lawyer to rephrase or repeat the question if you don't understand what they're asking.Ask to speak to your lawyer.You can talk to your lawyer off the record.
Step 6: Get a good night's sleep.
Depositions can take several hours to complete.It's not unusual for them to last all day.You should be well-rested for your deposition.Get enough sleep by going to be early.
Step 7: It's appropriate to dress appropriately.
You want to make a good impression on opposing counsel.Dress slacks and a pressed dress shirt are included in business casual.If men want to wear a tie, they should wear long-sleeved shirts.There is a skirt and sweater for women.No clothing should be too tight or the skirt should reach the knees.Both men and women should wear shoes.It is not appropriate to wear sneakers and sandals.
Step 8: The complaint should be reviewed.
You should always be focused on what you need to prove in your case.If you are the defense lawyer, you should be aware of how you can prove a defense.If you disprove at least one legal element of the claim, you can win your case.To understand the legal elements of the claim, revisit your legal research.In a fraud case, the plaintiff must have relied on the false information.You can ask questions about what the person relied on.You have won your case if she admits that she did not rely on the false information.You can file a summary judgement.
Step 9: Pick out information you don't know.
The purpose of a deposition is to uncover information about the case that is not in the written record.There are gaps in your knowledge.A list of questions you don't know the answer to.In an automobile accident lawsuit, you may be able to depose the defendants.Before getting in the car, you should ask what he or she has been doing.He or she might have left a bar and been drinking at a friend's house.
Step 10: Take a look at areas of impeachment.
When you impeach a witness, you confront the witness at trial with a previous statement they made that undermines their trial testimony.In front of the judge and jury, witness credibility is undermined by this kind of contradiction.There are lots of opportunities to be impeached.Key facts of the case are what you should focus on.In an auto accident case, you would want to know what the other person did while they were driving.If he doesn't say in his deposition that he looked over his shoulder before pulling into the other lane, you can raise this omission at trial.
Step 11: Ask standard questions.
Questions that yield helpful information are the ones you should ask during a deposition.Be sure to ask about the witness's arrest and conviction record.The witness has a social media account.Get the URL.The witness prepared for the deposition by looking at documents.The witness has testified before in a case before.Someone else may have been in their meetings with their lawyer.The attorney-client privilege may have been broken if that is the case.
Step 12: An outline is created.
A solid outline is what you want to take into the deposition.If you don't know how to create a deposition outline, ask another attorney for an example or go online and find examples.After you come up with questions, you should put them in an order that is logical for you and the witness.If the lawsuit is a breach of contract case, you will want to ask questions about (1) the negotiation process, (2) the contract, and (3) the witness breaking thecontract.In this order, you can organize your questions.The best way to organize your questions is chronologically.If you want to throw the witness off guard, you could jump around at key points.
Step 13: Don't ask questions at all.
Don't make the questions too complex because you want the witness to understand them.You should ask the questions the same way you would for a trial.For areas where you want to find information, you can ask open-ended questions.When you have no idea what the witness did, it's a good time to ask, "What did you do after getting up in the morning?"If you want to catch the witness in a lie, you should ask more pointed questions.
Step 14: Let the witness speak.
Although you want to be organized, it can benefit you as a lawyer to let the witness speak.Don't be too rigid in your questioning because he or she could inadvertently reveal helpful information.The witness shouldn't be cut off.
Step 15: Evaluate your client.
Before depositions are scheduled, you should have had a lot of contact with your client.What kind of witness will your client make?You can use your evaluation to drive your preparation.If your client is shy and nervous, you might need to do a lot of preparation.A sophisticated client who has given depositions or trial testimony before might not need as much hand-holding.
Step 16: You should alleviate your client's anxiety.
A client who hasn't been deposed before will be nervous.One of the first things you need to do is try to alleviate their anxiety, because a nervous client will not be at his or her best during the deposition.It is possible to make your client more comfortable by doing a practice deposition.You can play the role of the questioning attorney if you schedule a few hours.You can talk to your client about how they can improve their presentation after you review their answers.If you don't have time to do a mock deposition, look for videos that your client can watch.It's possible to see a videotaped mock deposition to relieve anxiety.
Step 17: Anticipate opposing counsel's questions.
It is deposing your client for a reason.To figure out what they hope to get from the deposition, step into their shoes.To uncover helpful information is one of the goals of a deposition.Some information might only be in the hands of your client, such as what he or she did the morning before an accident.Find gaps in the written discovery that opposing counsel will want to fill.To keep your client out of the story.There are some disputes where two people have different memories of what happened.The lawyer wants to keep your client out of the story so that they can prepare for the trial.To get your client to lie.This information could be used to attack your client's credibility if he lies.
Step 18: There are relevant documents to gather.
If you want to show your client copies of important documents, you need to go through all of the discovery to date.There are documents produced, interrogatories answered, and request for admissions that have been served.The most important documents should be in a binder.During a mock deposition, you can review them with your client.
Step 19: Take a look at prior deposition testimony.
A deposition might have been given by other witnesses.Look at the testimony to see what was said about your client.You want your client's testimony to be consistent with other documents and testimony, so you need a good sense of all of the evidence in the case.It might not be possible to have perfect consistency.A witness may have said that your client ran through a red light.You can not have your client agree with the witness if he is sure that he did not.
Step 20: Do a deposition.
A mock deposition is a great way to put your client at ease.Make the deposition as close to the real thing as possible.If you think opposing counsel might be an aggressive questioner, ask a few questions in a similar style to get your client comfortable.You should always review your client's answers.Don't give your client the answers.Review relevant documents and witness testimony to refresh their memory.The day before the deposition is a good time to schedule a mock deposition.
Step 21: You can create a sheet of tips for your client.
You can not coach your client during the deposition.You can object to questions, but you can't tell your client to stop guessing.You should draft a tip sheet for your client to review.The standard tips for giving an effective deposition should be in the sheet.The truth should always be told.If they want, they should confer with their attorney.If they don't understand the questions, rephrase or clarify them.Think before you answer.Don't volunteer anything.Don't get involved in arguments with opposing counsel.