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The Deposition

Please plan to arrive early to complete any final preparations and answer any last-minute questions you may have. Try not to make any additional plans or appointments for this day. The whole process (including meeting with me, and your transportation to and from the deposition) could conceivably take all day.


We will meet personally prior to your deposition and I will be able to anticipate approximately how long it should take. At this meeting, we will prepare for this process and I can answer any questions or concerns you may have. However, I want to take this opportunity to acquaint you with the deposition process.


Each side in a lawsuit has the right to take the deposition of the opposing party and their witnesses. Thus, when you become a party to litigation, the opposing party may require you to appear at a specified time and place and give your oral testimony under oath. The testimony is recorded and transcribed for future use in the lawsuit. Occasionally, there may also be a video recording of the deposition.


Your deposition is very important. It can be helpful in advancing your case, either by way of promoting settlement or assisting us in preparing for trial. But what you do and say at the deposition can help or hurt the case, depending upon your attitude, truthfulness and appearance. The following information and instructions are offered in an effort to help you be an effective witness at your deposition. The purpose is to help you to begin to think ahead of time about the facts and what has happened to you, and to prepare yourself to give your testimony.


1. What is a Deposition?


A deposition is the oral testimony of a witness taken under oath before trial. Questions asked must relate to information that is relevant to the case and/or capable of leading to the discovery of relevant facts. At your deposition, attorneys for each party will be in attendance and will be asking you questions relating to the accident and your injuries which are the basis of this lawsuit. There is a small possibility that I will also ask you some questions after the other attorney is finished, but I may not ask any questions.


Everything you say will be under oath and recorded. In addition, a written transcript of your testimony will be prepared. This transcript (or sometimes videotape) may be used at trial by the opposing attorney. You will have an opportunity to read the transcript and make corrections. This deposition is a very important procedure in the progression of your lawsuit. Therefore, I will be giving you some suggestions about how to conduct yourself at your scheduled deposition in hopes of prompting you to think ahead of time about the facts of your collision and resulting damages. It is helpful to mentally prepare for your testimony at the deposition. If you thoughtfully consider and follow the instructions below, you will do fine.


2. Purpose of the Deposition:


The purpose of the deposition is to explore your recollection as to all the facts relating to the incident and subsequent injuries. It also gives the lawyers a chance to see whether you will make a favorable impression at trial and how well you can express yourself.


3. Subjects likely to be addressed


The following are categories of information that are likely to be covered at your deposition. This list is not exhaustive or all-inclusive. This list is simply aimed at giving you a better idea of what to expect so you are not likely to be caught off-guard.


1. Background information


  • Date and place of birth

  • Residences

  • Education

  • Employment

  • Criminal activities, arrests, convictions and imprisonment

  • General health

  • Previous accidents and injuries

  • Previous claims or lawsuits

  • Previous medical care and treatment

  • Household activities

  • Personal habits

  • Hobbies

  • Social activities

  • Involvement in athletics and sports

  • Marriages and children

  • Family life




2. Information concerning the incident and your injuries, losses and damages


  • Step-by-step description of what happened

  • Conversations with parties

  • Damage to your vehicle or personal property

  • Repairs and/or estimates of damage

  • Physical pain complaints

  • Psychological complaints

  • Medical treatment

  • Medications, testing conducted, billings

  • Disability, pain, suffering

  • Fears and concerns experienced

  • Loss of earnings or future earning capacity

  • Effects on daily living

  • Scarring or disfigurement, if applicable

  • Effects on marriage, family life and friendships

  • Impact on leisure, recreational activities and hobbies


4. Physical Appearance / Demeanor:


You should remember that the first opportunity the opposing counsel has to see you will be during your deposition. It is important that you make a good impression. You should arrive at the deposition dressed as you would if you were going to court to appear before the jury.

Consider this an important and solemn occasion and avoid getting too comfortable or casual with opposing counsel or his/her client.


5. Conducting Yourself While Giving Testimony:


  1. Tell the truth.


You are under oath. If you lie, you will be committing perjury. Deliberate concealment of the truth, even with regard to a small issue in the case will be very damaging to your credibility at the trial and will actually hurt your case.


  1. Do not bring any documents into the deposition room unless specifically approved by me.


Anything you bring with you may be subject to discovery by the opposing attorneys. Therefore, do not bring any notes, documents, diaries, written statements, letters or other materials to the deposition without asking me first. And do not, under any circumstances, bring this letter into the room with you when you testify.


  1. Never lose your temper or argue with the opposing lawyer.


The opposing attorney may try to get you angry or excited. If you find yourself getting angry and unable to calm down, ask to take a break. Under no circumstances should you argue with the attorney. That is my job.


  1. However, do not minimize your feelings about the accident or how your injuries have affected you and your family.


Do not feel that you have to be stoic or that you must hide your feelings about what has happened to you and your family. You have suffered and it is okay to allow the other attorneys to see that the accident and your damages are upsetting to you. If you show no emotion whatsoever it can be misinterpreted that these things don't seem to bother you. A jury will reach the same conclusion.


  1. Speak clearly and answer out loud.


Answering by nodding or shaking your head, or by saying “Uh-huh” or “Huh-uh,” rather than saying “Yes” or “No” cannot be recorded by the court reporter.


  1. Listen carefully to the question.


Pay careful attention to the question and never answer it unless you fully understand it. If you don't understand the question, you should immediately say so. The other attorney will have to restate the question until you understand it. If you do not hear the question, ask the attorney to repeat it. Listen to the exact question, and answer precisely what you are asked.


  1. If you do not understand the question, ask that it be explained.


  1. Watch for compound questions.


Compound questions actually contain two or more questions and can be very misleading.

Therefore, you should separate all compound questions into their individual parts and answer them separately.


  1. Watch out for trick questions.


Be alert to any question which contains a summary of your earlier testimony or some preliminary statement of fact, and if it does not reflect what you said before or is untrue, say so.


  1. Take your time answering the question. Do not begin giving your answer until you have thought about the question and formulated your answer in your mind.


Never try to anticipate what the question is before the attorney asks the question and never begin to answer before the attorney has finished asking the question. Once a question has been asked, first consider the question carefully and think through your answer before you respond. Take as much time as you need. There is no time limit. This way, you will have a better chance to speak correctly and clearly.


  1. Answer all questions in a direct and concise manner then STOP TALKING.


  1. NEVER VOLUNTEER any information. Wait until the question is asked, answer it, and STOP.


This is critically important advice. Volunteered information cannot help our case and may harm it by allowing the opposing attorney to think up additional questions to ask. If the question can honestly be answered with a “yes” or “no,” do not volunteer a further answer. In addition, do not give long winded answers and don't ramble. Instead, answer questions as you would if you were completing a written form. Merely answer the question and then stop talking! The time to tell your story will be at trial when a judge and jury are there to hear you.


  1. Stick to the facts and testify to only that which you personally know.


  1. Do not magnify or exaggerate the injuries or losses.


Give a complete and accurate description, but do not try to improve upon the facts by stretching them. Instead of helping your case, you actually hurt it.


  1. If you do not know, simply say you don not know. Do not try and guess or speculate. It is IMPERATIVE that you be HONEST and STRAIGHTFORWARD in your testimony.


  1. If you don't remember, don't pretend you can.


You cannot remember everything and it is better to state that you do not remember than to state something that is not true. The law does not require that you remember exact dates and times. You should, however, have a good approximation if asked. Never, never say a date, time or distance if you do not know it to be wholly accurate, and if you are giving only an approximation, you must state that it is only an estimate or approximation. Also, do not let the attorney put an exact date and time into the question if you have not agreed to the accuracy of that date and time. Remember that when you answer a question, essentially you have adopted the facts in that question. Be careful!


  1. Do not confuse “I don't know” with “I don't remember.”


“I don't know,” means that you never knew the fact, and there is nothing he can do or say to get an answer from you. “I don't know” ends the inquiry on that issue. It is the better answer when true.


  1. Do not try to memorize your story.


You only need to be familiar enough with the facts to be confident. In fact, a story that seems too rehearsed is not as believable. Just relax and be honest.


  1. Avoid the use of vague or ambiguous terms, or terms that imply that you are uncertain about your answer, such as I think, I guess, I believe, I might have.


  1. Never guess. If you can only answer a question by speculating (guessing), then the correct answer is “I don’t know.”


You may, however, make an estimate or approximation, and you should do so when you can give a reasonable estimate or approximation after stating that your answer is an estimate.


  1. Always finish your answer.


You have the right to complete your answer without interruption by the opposing attorney asking the question. Your uncompleted answer could later be misleading. Remember to finish answering even if you are interrupted.

  1. Exception: If I interrupt you, stop speaking.


  1. Never attempt to explain or justify your answer.


You are there to give facts as you know them. You are not supposed to apologize or attempt to justify those facts.


  1. Correct your answer.


If you realize that you have previously given an incorrect or inaccurate answer, you have a right to correct your prior answer, and you should do so.


  1. Be consistent.


The attorney may ask the same question in several different ways in order to get you to change your answer. You should be aware of these repetitive questions, and if your first answer was correct—stick to it. If, after reflection, you decide that your original answer was incorrect; then, as noted before, don't be afraid to say that your earlier testimony was mistaken.


  1. Ask to see every document you are questioned about and look at the document before you answer questions about it.


If you are asked about a document or a statement you or someone else is supposed to have made, ask to see if before answering the question, even if you have seen the document many times before. Look at it carefully and do not assume that the document says exactly what the lawyer has said in his question.


  1. Do not assist opposing attorneys.


Sometimes, an opposing attorney will be poorly prepared, misinformed or confused about even the most basic facts. Often, however, the attorney's apparent confusion is an act to make you lower your guard. Whether real or not, confusion on the part of the opposing attorney is his or her problem, not yours. Do not volunteer to help.


  1. You are permitted to take breaks, and you should take breaks when you need them.


You do not need to give a reason for taking a break, and it is best that you NOT give a reason for the break. You simply need to say that you need a break. We will then go off the record, and you can leave the deposition room.


  1. Consider all discussions to be “on the record.”


You should assume that everything you say in the presence of the other side is on the record, even if the court reporter is not recording your statements.


  1. Never joke or be sarcastic.


  1. Do not “fraternize” with the opposing attorney or anyone else at the deposition.


  1. Do not be disturbed by the number of questions or the length of the questioning.


The attorney is allowed to ask you virtually anything. Many questions may appear to you to be absolutely irrelevant, but are legally permitted. Do not get anxious if the attorney goes “way out in left field.” The duration of a deposition varies from case to case.


  1. Do not be concerned by the one sided nature of a deposition.


Unlike a trial, a deposition is one sided. When the opposing side is taking your deposition, their attorneys will ask questions and you must answer. Do not expect me to jump up and object to every third or fourth question—it will look as if I am trying to hide something. I will be there to protect you from truly objectionable questions, and you can be assured that I will object, where appropriate.


  1. Do not expect a complete victory.


Do not expect your completed testimony to be perfect.


6. Preparation For Your Deposition:


As stated above, it is impossible to predict every question that will be asked, every topic that will be covered or how long a deposition will last. However, it is possible to be prepared, by familiarizing yourself with the points covered above. My office has scheduled or will schedule a date and time for us to meet before the deposition. This is our chance to go over the entire process in person and to review the specific facts of your case so that I can help you do your best.

If you have any questions and/or concerns, please do not hesitate to contact our office. Thank you for your assistance in this matter.


Sincerely,


PARK CHENAUR & ASSOCIATES, INC., P.S.