How to Prepare for a Deposition
Meet with your lawyer., Refresh your recollection of the incident., Anticipate questions., Hone your answers., Remember helpful tips., Get a good night’s sleep., Dress appropriately.
Step-by-Step Guide
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Step 1: Meet with your lawyer.
Your lawyer will probably want to walk through the ground rules of the deposition.
He or she also may want to go over likely questions you will be asked and your answers.
Try to schedule a meeting with your lawyer close to your deposition date.
If you don’t have a lawyer, then you can still prepare for your deposition by following the remaining tips. -
Step 2: Refresh your recollection of the incident.
You should review any paperwork that relates to the lawsuit.
If you wrote down your impressions soon after the incident, then read your notes as well.You can also review your answers to any interrogatories or requests for admissions that you answered.Take out that paperwork and see how you answered.
Your answers in your deposition need to be consistent with your answers in those documents.
Remember, however, that you need to testify based on your own recollection.
Don’t read someone else’s testimony of the event.
For example, you probably shouldn’t review a police report, since those usually contain other witness’s statements. , At the deposition, the lawyer will want to walk you through the incident that is the subject of the lawsuit.
The lawyer is looking for information that they don’t currently know.
You should sit down and write out a list of questions you think the lawyer will ask.
Sometimes, it’s hard to know what a lawyer will ask.
In this situation, you could have a friend or family member read the complaint and then write out questions they have about what happened.
For example, if you were in a car crash, the lawyer will have many questions about what you did before you got into your car and while you were driving. , You must always tell the truth in your deposition.However, you should still answer questions in a crisp, focused manner.
Often, people need to practice their answers so that they don’t ramble.
The goal is not to memorize your answers but to be able to communicate your memories in a focused way.
For example, if you are sued for a traffic accident, the lawyer might ask: “What color was the light when you went through the intersection?” Your first instinct might be to ramble: “I think it was yellow.
I’m pretty sure.
It was green for the car ahead of me and when that car went through I saw it was yellow.
So I’m pretty sure it was yellow.” Instead, you could answer, “The light was yellow.
I was looking at it as I drove through the intersection.” Or you could say, “It was yellow” and wait for the lawyer to follow up and ask how you know. , There are certain strategies you can use during the deposition to help you be an effective witness.
You should review these tips.
When you practice your answers, be sure to follow these tips so that they become second nature:
Answer as briefly as possible.
If you can answer with “yes” or “no,” then you should do so.
Don’t guess.
Say “I don’t know,” if you really don’t know.
Also be careful providing estimates.
Make sure the lawyer understands you are estimating.
Make sure you understand the question.
The attorney should ask questions that are easy to understand.
If you don’t understand what is being asked, then politely request that the lawyer rephrase or repeat the question.
Request to speak to your lawyer.
You can always take a moment to talk with your lawyer off the record. , Depositions can drag on for several hours.
It is not unusual for them to last a whole day.
Accordingly, you should be well-rested for your deposition.
Go to be early and get enough sleep., You should dress in “business casual.” You want to make a good impression on opposing counsel.Generally, “business casual” includes dress slacks and a pressed dress shirt.
Men can wear a tie, if they want, and should choose long-sleeved shirts over short-sleeved ones.
Women can wear a skirt and a sweater.
However, the skirt should reach the knees and no clothing should be too tight.
Both men and women should wear appropriate footwear, such as leather shoes.
Sneakers and sandals are not appropriate. -
Step 3: Anticipate questions.
-
Step 4: Hone your answers.
-
Step 5: Remember helpful tips.
-
Step 6: Get a good night’s sleep.
-
Step 7: Dress appropriately.
Detailed Guide
Your lawyer will probably want to walk through the ground rules of the deposition.
He or she also may want to go over likely questions you will be asked and your answers.
Try to schedule a meeting with your lawyer close to your deposition date.
If you don’t have a lawyer, then you can still prepare for your deposition by following the remaining tips.
You should review any paperwork that relates to the lawsuit.
If you wrote down your impressions soon after the incident, then read your notes as well.You can also review your answers to any interrogatories or requests for admissions that you answered.Take out that paperwork and see how you answered.
Your answers in your deposition need to be consistent with your answers in those documents.
Remember, however, that you need to testify based on your own recollection.
Don’t read someone else’s testimony of the event.
For example, you probably shouldn’t review a police report, since those usually contain other witness’s statements. , At the deposition, the lawyer will want to walk you through the incident that is the subject of the lawsuit.
The lawyer is looking for information that they don’t currently know.
You should sit down and write out a list of questions you think the lawyer will ask.
Sometimes, it’s hard to know what a lawyer will ask.
In this situation, you could have a friend or family member read the complaint and then write out questions they have about what happened.
For example, if you were in a car crash, the lawyer will have many questions about what you did before you got into your car and while you were driving. , You must always tell the truth in your deposition.However, you should still answer questions in a crisp, focused manner.
Often, people need to practice their answers so that they don’t ramble.
The goal is not to memorize your answers but to be able to communicate your memories in a focused way.
For example, if you are sued for a traffic accident, the lawyer might ask: “What color was the light when you went through the intersection?” Your first instinct might be to ramble: “I think it was yellow.
I’m pretty sure.
It was green for the car ahead of me and when that car went through I saw it was yellow.
So I’m pretty sure it was yellow.” Instead, you could answer, “The light was yellow.
I was looking at it as I drove through the intersection.” Or you could say, “It was yellow” and wait for the lawyer to follow up and ask how you know. , There are certain strategies you can use during the deposition to help you be an effective witness.
You should review these tips.
When you practice your answers, be sure to follow these tips so that they become second nature:
Answer as briefly as possible.
If you can answer with “yes” or “no,” then you should do so.
Don’t guess.
Say “I don’t know,” if you really don’t know.
Also be careful providing estimates.
Make sure the lawyer understands you are estimating.
Make sure you understand the question.
The attorney should ask questions that are easy to understand.
If you don’t understand what is being asked, then politely request that the lawyer rephrase or repeat the question.
Request to speak to your lawyer.
You can always take a moment to talk with your lawyer off the record. , Depositions can drag on for several hours.
It is not unusual for them to last a whole day.
Accordingly, you should be well-rested for your deposition.
Go to be early and get enough sleep., You should dress in “business casual.” You want to make a good impression on opposing counsel.Generally, “business casual” includes dress slacks and a pressed dress shirt.
Men can wear a tie, if they want, and should choose long-sleeved shirts over short-sleeved ones.
Women can wear a skirt and a sweater.
However, the skirt should reach the knees and no clothing should be too tight.
Both men and women should wear appropriate footwear, such as leather shoes.
Sneakers and sandals are not appropriate.
About the Author
Charles Taylor
Brings years of experience writing about crafts and related subjects.
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