As a participant in a lawsuit, you are required to provide testimony at a deposition (also often called an “Examination Before Trial”). Depositions are traditionally conducted in an attorney’s conference room, and involve only the parties, their attorneys, and a court reporter. At this stage, there is no judge or jury present.
The purpose of the deposition is simply to explore what the witness may know about the claims. Although the atmosphere may seem casual and informal, witnesses need to be aware that this is sworn testimony, provided under oath. Anything said can be used at any later stage of the litigation, by any party, and for virtually any reason.
As a result, it is very important to ensure that your testimony is clear and accurate. We offer the following suggestions to ensure the best outcome from your testimony:
10 Tips for Providing Testimony at a Deposition
1. Be honest and truthful in your responses.
Do not worry if you believe the response may be harmful, and do not try to “fool” the other attorney. He or she has likely done a great deal of investigation already, and may simply be trying to “trap” you into providing an inaccurate response.
2. Listen carefully to the question and understand exactly what is being asked.
Take your time in answering every question. Remember, if you do respond, you may forever be “stuck” with that answer.
3. Do not volunteer information.
Only answer the question being asked. If you know some critical information, and the attorney is not asking the right question, there is no need to help them! It will only prolong your questioning.
4. Don’t speculate.
If you don’t know, or don’t recall an answer, you may simply respond accordingly.
5. Be careful what you agree to.
Simply because an attorney may ask, “Isn’t it true that…?”, don’t agree if it isn’t correct.
6. Say as little as possible.
Be brief and responsive. The best answers are very short answers.
7. Be concise and specific.
Provide accurate and precise information, but don’t elaborate unnecessarily.
8. Don’t argue with the questioner.
On rare occasions, depositions can become heated and confrontational. Resist the urge to argue and, if necessary, ask for a brief break to collect yourself.
9. Don’t try to single-handedly win the case. (It never works!)
Cases are rarely won and lost at depositions. This is only one piece of a much larger puzzle.
10. Relax.
Your attorney is there to help you and will do everything is their power to protect your interests.
Testifying at a Deposition? We Can Help.
If you have been injured in an accident and you feel you may have a personal injury case on your hands, it is in your best interest to contact an experienced personal injury attorney as soon as possible. If you’ve been injured in Albany, Johnstown, Saugerties, Amsterdam, Catskill, Gloversville, Hudson or elsewhere throughout Upstate NY, please consider contacting the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto.
Our team of experts can help you pursue your case and retain the compensation you are entitled to. We will help you every step of the way, from guiding you through the deposition process to handling your case in the courtroom if that’s what it takes to get you the recovery you are entitled to.
With offices in Albany, Saugerties and Johnstown, we are a convenient choice for individuals throughout New York. Give us a call today at (800) 721-3553 or contact us online for a free case review.
Editor’s Note: This content was originally published in 2016 but has been updated as of November 2018.
