Any advice?
PAhr
165 Posts
Just got the notice yesterday. I will be deposed next month. Aside from telling the truth, speak clearly, verbal answers only.... does anyone have any other advice? Has anyone else been deposed before and if so was it as bad as you thought it would be? I have never so much as been in a court room before so this whole thing is a little overwhelming. The company lawyer just keeps reiterating how important this deposition will be for their case which is making me even more nervous and he is doing nothing to put me at ease. The only thing he has said is that he has never worked with this attorney before so he doesn't know what his style or approach will be with me. I just keep picturing this pitbull going for my throat and twisting everything I say, or worse yet, an argument breaking out.
Comments
>is probably better spent talking to the person that will accompany you
>to that deposition.
What the heck does "lagniappe" mean?
Check out this link, I had to look it up myself.
Cyndy
Good advice...just answer the question...don't volunteer any more information than what's asked for and be truthful with the facts.
Good luck and let us know how this comes out.
Prior to being deposed, make sure you have your ducks all in a row to the event or issue you are being deposed about. Being a good witness during deposition is important as the answers, tells the opposing counsel how you would be in court. Honest, straight forward and believable. You will have no problems, heck my first time was even fun, I got the other attorny flustered. :-)
My $0.02 worth.
DJ The Balloonman
I agree with Balloonman and the rest. I have always been prepped by our attorney and it would be hammered home to pause after each question and to answer only what was asked as Balloonman said. It is nerve wracking until you get in the deposition and then you get too busy concentrating and responsing. You will be just fine.
Elizabeth
Several posts have suggested you only answer the question asked. That should be repeated often. It should become a Mantra for your deposition strategy. Do not volunteer any information. Yes, do not answer a question you do not understand. Simply say, I do not understand. The pause before answering any question is important. Your counsel will want a chance to object or interpose a clarification before you respond.
Ask your counsel how he/she wants you to signal them that wish a consultation before answering. Usually they will ask to go off the record and you can whisper to each other or take a break and leave the room.
Oh, and make sure you are comfortable in the setting. Have water handy, don't be facing bright sunlight, etc. If you need to take a restroom break, ask to do so. Do not let yourself be uncomfortable.
The reality is not as bad as your anxiety, but you will not know that until after.
Good luck.
Listen to the question -- all of it. Don't start until the question is complete. And answer only questions. Don't respond to statements by counsel. Sometimes the counsel will begin what may look to be a question, have no idea where to go with it, trail off, and hope that the witness will start answering anyway. Make sure it is a complete question...not a statement. "The door was brown" is a satement that doens't require you to respond. "Was the door brown?", is the question that needs to be asked.
If you don't understand the question ask for clarification or an explanation of the question. Don't answer the question unless you understand it and you know what it is asking for. If you seek clarification, do NOT re-state the question the way you think it should be. Make the questioner do his or her work by not giving hints to what you may testify to if the "right" question were asked.
Don't expound on an answer...except if the question requires a "yes" or "no" answer and you can't give such an answer. If so, you should indicate you can't answer the question yes or no without explaining. You do have a "right" to provide clarification to your answer. But otherwise answer only the question that is asked.
If you don't know the answer to a question or can't recall, say that. You're not expected to know or remember everything. So, don't give the opposing counsel any more information by guessing what the answer should be because you THINK you should know it.
Wait a couple of seconds before beginning to answer. That way your counsel can object on the record before you answer it and advise you whether you have to answer it or not.
Don't assume the questioner knows what the answer is or where he or she knows she is going with the line of questioning. The counsel may just be probing. Many times the question is asked with the counsel hoping that the witness will say a lot more and thus will provide the questioner with additional areas to question the witness about.
Remember, your job is to answer truthfully and completely the question that is asked. Do not take the questions personally. Keep your person feelings and emotions out of your answer. But certainly if you are asked to describe your thoughts about a certain incident or individual, do that (but again let counsel object first if there is a problem to that type of question).
Look directly at the questioner when answering.
If you need something to refresh your memory, that most likely will be okay. If the questioner hands you a document to read, READ IT all (if practicable).
Don't testify from memory about the document until you have read it. If you wrote it, you may be asked if you did. That's a foundational questin. That may be all that you need to do regarding the document. Once admitted the document usually "speaks for itself." But you may be asked about the ocnditions under which you wrote it or what certain phrases or words or csentences mean.
Don't argue with counsel. That's the job for your counsel to do.
There are more suggestion out there...but the most important one..is be prepared.
Your counsel should have gone over the areas of your possible tewstimony, gone over the questions you may or will be asked. And gotten your answers. That's okay. In fact, a trick some opposing counsel may use is to ask whether or not you met with anyone about your testimony. The answer is "yes", if you did. You should have met with your counsel prior to your testimony to go over it. Everyone knows that going to be done. So, if you answer "no," if you did meet, then it looks like you're trying to hide something. Of ocurse, if you didn't meet with your counsel, then your counsel sucks (look, how will your counsel know what to ask you if he doesn't know what your testimony will be -- that's why he has to go over it with you). The next questin then is, "so you discussed your testimony with your counsel. Didn't he tell you what to say? The answer is, "no, we discussed my testimoney and I let him know what my answers would be to various questions. But he never told me what to say" And please don't do what I had one of my own witnesses do to me...
"Did he tell you what to say?"
"Yes."
My heart dropped because I never tell the witnesses what to testify to.
And the the opposing representative, who happened to be an attorney -- I'm not --asked the one thing counsel shouldn't do -- ask the question he doesn't know the answer to..
"And what did the Department's representative tell you (expecting a death blow answer)?"
"To tell the truth!"
Good answer, but she didn't have to take me down that path.
Good luck and have fun. It's probably one of the few times in your life anyone is going to hang on every word you say. Goodness knows your spouse and boss don't. And forget the kids.
Also, several of our newsletter editors have written articles on this subject. Here are a few links:
[url]http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=40139[/url]
[url]http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=143439[/url]
[url]http://search.mleesmith.com/cgi-bin/starfinder/0?path=empstoryfast.txt&id=empfast&pass=&format=wstory&search=112741[/url]
Brad Forrister
Director of Publishing
M. Lee Smith Publishers
Regards,
Guy
1. While you are pausing to think after the question is asked, don't make any verbal sounds like uhmm, err, uh, let me see. The court reporter will record these and they really look silly on the written transcript.
2. Don't answer hypothetical questions. I answered them with, "I can only answer to events that have occurred. Answering to future events without knowing ALL variables that will exist amounts to nothing more than abstract speculation." Use that line and then sit back and enjoy the "8 foot stare in a 6 foot room " look on the attorneys face. But you are there to tell the truth, AND NOTHING BUT.
Go in there equipped with all this advice you've gotten and I guarantee that you will have fun. Let us know.
They generally aren't pitbulls, until you get into court, and even then it's not like the old Perry Mason flicks.
Just answer 'Yes' or 'No' DON'T OFFER ANYTHING ELSE, unless you are asked to elaborate, and even then keep it as brief and to the point as possible. The reason for this is that if the case goes to court, and you are called as a witness, you won't remember exactly what you've said - and this can be a point of contention for the other side. So 'Yes' and 'No' are always the best answers!. DON'T WORRY ABOUT IT! I've been deposed, and had to go to court (both as a police officer and as a HR Admin.),it's not that bad, really!