At some time during your case, you will probably have a deposition where you will answer questions from both your attorney and the other party’s attorney under oath. Many people are not quite sure what happens during a deposition or what to expect. Here are several tips that will help provide the information you need to get your through your first deposition with flying colors:
Meet With Your Attorney
Before your deposition, you will meet with your attorney to go over the questions that they will ask you and to help prepare you to answer questions from the other party’s attorney. During your meeting, your attorney will help you develop answers to questions that they will ask as well as questions that the opposing attorney’s will ask as well. They will also help provide a strategy for answering questions to the best of your ability.
Depositions Are Important Too
Keep in mind that a deposition is taken under oath and you will be required to answer questions truthfully. Depositions are very important to your case and will be used during later court dates, trials, and throughout your case. While there is no judge present during a deposition normally, you are still under oath and will be sworn in by the court reporter. Your attorney will be there to help keep you on the right track during questioning.
When you are in a deposition, you want to take your attorney’s advice and always answer questions truthfully and carefully. Remember that your answers can and will be used in court, to help impeach witnesses, and can be used against you as well if you are not careful in answering. If you answer a question too vaguely, your attorney might be able to give you the opportunity to clarify your answer. However, you always want to answer questions as clearly as possible to avoid any problems later in your case.
You can always think about the answer that you want to give before you give it, you do not have to answer everything immediately once a question is asked. Your attorney may instruct you to take your time when you answer questions during a deposition. Be clear and concise when answering questions and do not volunteer information unless asked to do so. If you are unsure about a question, you can ask the attorney to repeat it for you.
The testimony in your deposition can be used to motion for a summary judgement, where the judge in your case is asked to review all of the evidence and then decide if your case needs a trial. You need to consider your deposition testimony just as important as what you would give during a trial.
Review The Deposition Transcript
Once your deposition is finished, you want to make sure that you review the transcript of the deposition once the court reporter provides it. Your attorney will also go through the transcript as well and give you an idea of where your case may go from here. A complete review of the transcript will help to catch any errors or problems and can also help your attorney to determine how to proceed with your case.
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