Ok, They Are Taking Your Deposition: Now What?

Depositions can be some of the most intimidating parts of a case. Be ready.

For many people, the idea of being deposed is intimidating. After all, this is your opportunity to share your side of the story under oath, but it’s also the opposing party’s chance to probe and potentially undermine your testimony. While it’s natural to feel some apprehension, careful preparation and understanding of the process can significantly reduce your anxiety and improve your effectiveness as a deponent.

This article provides a comprehensive guide to prepare for your deposition, with an emphasis on the two most important principles: tell the truth and be clear and easy to understand. By following these guidelines and mastering the six basic answers that suffice for most deposition questions, you can approach this critical event with confidence.

What Is a Deposition?

A deposition is part of the discovery process in litigation. It’s a formal question-and-answer session conducted under oath, where attorneys for the opposing side ask you questions about the case. Your responses are recorded by a court reporter and may later be used in court. While a deposition is not conducted in a courtroom, the rules of honesty and clarity are just as important.

Principle #1: Always Tell the Truth

Above all else, your responsibility in a deposition is to tell the truth. Lying under oath, also known as perjury, is a crime with serious legal consequences. Beyond the legal risks, dishonesty in a deposition can severely undermine your credibility and harm your case. Even if the truth seems unfavorable to your position, providing accurate and truthful responses is always the best course of action.

Key Takeaway: If you don’t know the answer to a question, say so. Guessing or speculating is unnecessary and can create confusion. It’s perfectly acceptable—and often advisable—to respond, “I don’t know” or “I don’t remember,” if that is the honest truth.

Principle #2: Be Clear and Easy to Understand

Equally important to being truthful is being clear. A deposition is not the time for long-winded explanations or irrelevant details. Instead, focus on answering the question you’ve been asked—nothing more and nothing less. Simplicity and precision are your best tools for ensuring your testimony is clear.

Don't Argue

One of the most important rules to remember during your deposition is to avoid arguing with the opposing attorney. Their job is to gather information and, in some cases, test your composure to see how you might perform as a witness in court. Engaging in arguments or becoming defensive can weaken your credibility and give the opposing side an advantage. Even if a question feels unfair, repetitive, or designed to provoke you, it’s essential to remain calm and professional. Respond to each question clearly and concisely, sticking to the facts without letting emotions dictate your answers. Remember, your attorney is there to protect your rights and ensure the deposition process remains fair, so you don’t need to engage in debates or defend yourself beyond simply answering the questions truthfully. Staying composed under pressure not only strengthens your testimony but also demonstrates your reliability as a witness.

Don’t Try to Anticipate Where the Questions Are Going

During a deposition, it’s natural to wonder why opposing counsel is asking certain questions and to try to predict where the line of questioning is leading. However, this tendency can be counterproductive and even harmful to your testimony. Witnesses are often not equipped to fully understand the legal strategy or principles at play, and attempts to anticipate the purpose of a question can distract you from the actual question being asked. Instead of focusing on speculation, concentrate solely on answering the question truthfully and succinctly. Trying to guess the attorney’s next move can lead you to overthink or provide unnecessary information, which may inadvertently harm your case.

Every witness should have their own attorney, as navigating legal nuances requires specialized training and experience. Unlike most witnesses, attorneys have attended law school and are familiar with the principles and strategies used in depositions. Your attorney’s job is to recognize when a question is problematic or designed to mislead you, and they can object or provide guidance as needed. Trust your attorney to handle the legal tactics, allowing you to focus solely on giving accurate, straightforward answers. By sticking to this approach, you ensure that your testimony remains clear and effective, without falling into the trap of overanalyzing or anticipating the opposing counsel’s intentions.

Mastering the Six Basic Answers

The vast majority of deposition questions can be answered with one of six responses. Mastering these answers will help you avoid overthinking and prevent unnecessary elaboration:

1. Yes

2. No

3. I don’t know

4. I don’t remember

5. I didn’t understand the question

6. A noun or short description (e.g., “In the basement” or “The light was red.”)

   
   

Let’s explore each of these in more detail:

1. Yes and No: If a question calls for a straightforward yes or no, resist the urge to explain your answer unless specifically asked to do so.

   
   

2. I Don’t Know: If you don’t know the answer, say so. Speculating or guessing can lead to inconsistencies later.

   
   

3. I Don’t Remember: If you genuinely don’t recall something, it’s better to admit it than to risk providing inaccurate information.

   
   

4. I Don't Understand the Question: If you don’t fully understand a question, ask for clarification before answering.

   
   

5. Noun or Short Description: Sometimes, a short and specific response is all that’s needed.

Additional Tips for Deposition Success

• Pause Before Answering: Give yourself a moment to consider the question and formulate your response. This helps ensure clarity and avoids impulsive statements.

  
  

• Stick to the Question: Don’t volunteer information that hasn’t been asked. Keep your answers concise and focused.

  
  

• Stay Calm: Opposing counsel may try to rattle you with difficult or confusing questions. Stay composed, and don’t let frustration affect your testimony.

  
  

Final Thoughts

Preparing for a deposition can feel daunting, but with the right mindset and strategy, it’s an opportunity to present your story clearly and truthfully. By adhering to the principles of honesty and clarity, and by mastering the six basic answers, you can approach your deposition with confidence and poise.