how do i answer a written deposition without a lawyer

While you are attempting to get one, you can request that opposing counsel postpone the deposition. Common courtesy should move the other side to give you time to get a lawyer. You may also be able to get a continuance from the judge to give you time to get a lawyer.

Full Answer

How do lawyers get the answers they want from depositions?

Most lawyers have been on both sides of the deposition table, so they know exactly which tactics are used to get the answers they want. For example, probing questions are designed to get a rise out of a witness, prompting him to give a knee-jerk reaction that can cause his testimony to unravel.

Can I object to any questions in a deposition?

You can object to any questions in a deposition, but you may be compelled to answer if a judge overrules the objection in court. In many cases, questions that do not have to be answered fall into three categories:

How do you respond to a notice of deposition?

The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30 (c), (e), and (f) to: (3) send it to the party, attaching a copy of the questions and of the notice.

When to take a deposition without leave of court?

(a) When a Deposition May Be Taken. (1) Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided in Rule 31 (a) (2). The deponent's attendance may be compelled by subpoena under Rule 45. (2) With Leave.

What is the best way to answer a question in a deposition?

How to Handle a Deposition: Advice from an OMIC Defense AttorneyTell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...

How does deposition by written questions work?

Deposition by written questions is essentially the same as an in-person, oral deposition, only the attorney's questions are written down and approved before the deposed person is required to answer them. Additionally, there is also a 20-day waiting period the attorney must abide by.

What do you say and not say in a deposition?

Here are a few things to pay attention to while you are giving your deposition.Never Guess to Answer a Question. ... Avoid Any Absolute Statements. ... Do Not Use Profanity. ... Do Not Provide Additional Information. ... Avoid Making Light of the Situation. ... Never Paraphrase a Conversation. ... Do Not Argue or Act Aggressively.More items...•

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

What is the difference between written deposition and interrogatory?

Whereas depositions are useful for obtaining candid responses from a party and answers not prepared in advance, interrogatories are designed to obtain accurate information about specific topics.

What is the rule of 39?

Rule 39. Rule 39. Trial by jury or by the court. (2) The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes.

How do you speak in a deposition?

9 Tips for a Successful DepositionPrepare. ... Tell the Truth. ... Be Mindful of the Transcript. ... Answer Only the Question Presented. ... Answer Only as to What You Know. ... Stay Calm. ... Ask to See Exhibits. ... Don't Be Bullied.More items...

How do you stay calm in a deposition?

Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.

Can you say I don't know in a deposition?

“I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses. If true, the best is, “I don't recall at the present time,” because it makes it easier to change your answer if you later do recall.

Can you plead the 5th in a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.

Can personal questions be asked in a deposition?

What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.

What objections can be made in a deposition?

A Consolidated List of Proper Deposition ObjectionsHearsay. You're free to object to a question of hearsay during a trial. ... Assume facts, not in evidence. It depends. ... Calls for an opinion. ... Speaking and coaching objections. ... Privilege. ... Form. ... Mischaracterizes earlier testimony. ... Asked and answered.More items...

How can an attorney help you in a deposition?

An attorney can help you separate facts from opinions, allowing you to deliver answers that are both accurate and effective. Hone your testimony. You may have prepared your own responses, but lawyers know that what you say in a deposition is just as important as how you say it.

What is the role of an attorney in a deposition?

An attorney’s most vital role is to prepare his client. This may be your first deposition, but attorneys have seen the process hundreds of times over—and if they are worth their salt, they will: Play devil’s advocate. Your attorney should make sure that there is no public information that could contradict your testimony.

Do you need an attorney to be present for a deposition?

Many deponents assume they do not need an attorney to be present for questioning because attorneys rarely take action in a deposition. What they do not realize is that most of the necessary work of a deposition takes place beforehand, so if your attorney has done a good job preparing you, he will likely say very little on the day of your actual deposition.

Where are depositions usually taken?

Depositions are usually taken in attorneys' offices and not in the courtrooms. Attorneys ask the deponent several questions pertaining to the lawsuit. A court reporter is present throughout the entire deposition and records it word by word.

How long does a deposition last?

Depositions can last from a few minutes to even a week. Whether a deposition is required depends upon the circumstances of the case.

What is DWQ in legal?

A deposition on written questions (DWQ) can be a useful discovery tool in situations where the deponent has limited information about the case, for instance, a custodian of business records.

What is a subpoena for a document?

Subpoena for a certain document. Written questionnaire. Deposition. Deposition is the process of taking an oral statement from a witness who is under oath. Unlike documents and interrogatories, a deposition involves asking questions to a living witness.

What information is required for a DWQ?

Just like for an oral deposition, an official notice must be served for a DWQ. The notice must include the following information: Name of the deponent. If the name is not known, it can be something like “custodian of business records.”. Place and date of DWQ (which must be reasonable).

How long do you have to sign a DWQ?

All the parties must be served notice at least 20 days before the date of DWQ. If you are requesting to produce a document, the notice must specify the document, and it must be served at least 30 days before the DWQ.

Can a deposition be videotaped?

A deposition may also be videotaped, especially if the deponent is not likely to attend the trial because of to ill health or some other reason. All parties can attend the deposition. The deponent usually has his or her attorney present, although with a limited role. Deponents should be careful about what they speak.

How long does it take to send off a DWQ?

Once notification has been sent, you can draft your DWQ, enlist someone to serve it, and send it off no earlier than 20 days later. The recipient then has 30 days to respond and send the questions back to you.

How long do you have to notify DWQ?

The main catch is that the party must be notified first, before the questions are served at their doorstep. DWQ notifications must be sent at least 20 days before the questions are sent, and should detail the information and data that will be requested. If the receiving party has an attorney, this notification must be sent to them as well.

Can you ask questions in person at a DWQ?

Now a DWQ isn’t like a regular deposition. You’re not going to sit down with the third party and talk to them face-to-face. You won’t ask them questions in person, and you won’t get audio or video of the answers. Instead, you’ll write down the questions you need answered, and the party, on their own time, will write their answers down and send them back to you.

Can a court clerk serve a deposition?

It’s a pretty simple process, but it’s not one just anybody in the office can handle. In fact, it’s only the people qualified to serve sub poenas and citations — like judges, court clerks, court reporters, and notaries — who can serve a deposition by written questions. Your best bet is to let a litigation support company handle the task, as they can not only serve the DWQ, but they can also get it notarized, bind it, label it, and deliver it to you or the courthouse as needed.

Can you ask a third party for medical records?

You can ask the third party for any information you’d like: records, medical diagnoses, employment history, etc. It just has to be written down, filed, and sent to the person directly (it’s usually a records custodian or HR representative in these cases.)

Is it wise to go about a DWQ without proper knowledge?

Needless to say, it can be a time-consuming and confusing process in many cases, and it’s especially important you follow the letter of the law, or else you risk that crucial information your case may need. It’s never wise to go about a DWQ without proper knowledge of the process , nor is it a good idea to pass the task off to an inexperienced paralegal or associate.

What is a deposition transcript?

That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.

What does a defense lawyer need to ask a question?

The defense lawyer must have a good faith basis to ask the question.

What to do if playback doesn't begin?

If playback doesn't begin shortly, try restarting your device.

What happens when you bring a lawsuit?

When you bring a lawsuit the defense lawyer has a chance to ask you questions.

What is a stenographer?

The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.

What is the process called when you are claiming a result of someone's carelessness?

That means the defense is entitled to learn about you and your injury. They do this through a process called 'discovery'. What a trend-setting name. Discovery allows the defense lawyer to get copies of your medical records.

Is a defense lawyer fishing for information?

Not true. Every client talks to their attorney. Every client must be prepared for their deposition. The defense lawyer is just fishing for information. He's throwing his line into the water, not knowing what, if anything, he'll catch.

Why do you have to elaborate on an answer during a deposition?

Usually, elaborating on an answer extends the deposition because you have given more information from which the attorney asking the questions can base more questions. Rule 3. Listen carefully to the questions being asked. It is not unusual for a person being deposed to try to think what the next question will be.

What happens if you don't listen to the question in a deposition?

An attorney taking a deposition may well be asking a line of questions and if you are not listening to the question, you will answer the question that you think is being asked ( based upon the prior line of questions) and not the question that was actually asked. Rule 4.

What to do when you need to confer with an attorney?

If you need to confer with your attorney, you are entitled to do so. The attorney taking the deposition may ask that you answer any question that has been asked before you confer. If your need to confer relates to the question that has been asked, you can tell your attorney that that is the case and he will address it as the situation dictates.

How to answer a question that is asked and nothing more?

Rule 2. Answer the question that is asked and nothing more. Even if you think that your answer is harmful, just answer the question asked. Do not try to elaborate. Elaborating or trying to explain will not help. Instead, it will give the attorney asking the questions more information from which to ask more questions.

What to do if you don't understand a question?

Rule 8. If you do not understand the question being asked, ask the attorney to rephrase the question or to explain a word or words that are confusing you. You are not required to and you should not answer a question that you do not fully understand. Rule 9.

What to expect during a deposition?

A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition .

How to avoid being emotional during a deposition?

Leave your emotions at home. While this is an important matter and certainly involves a level of emotional capital on your part, you have to try to avoid being emotional during the deposition. The attorney may ask you questions or act in a way that is intended to anger or upset you.

What happens if you ask an attorney a question that is not a question?

If one of these questions is answered, your attorney will likely stop you from answering and object on your behalf. If he does not, you may object to the question yourself.

What to do if you aren't sure what the point of a question is?

If you aren’t sure what the point of a question is, stop and ask yourself if the answer could have a bearing on how a judge would decide your case. For example, you may not wish to answer questions about your living situation, but a judge may need the information to decide which home is best suited for child custody.

What are the three categories of questions that do not have to be answered?

In many cases, questions that do not have to be answered fall into three categories: Private information. You have a right to refuse any questions about a person’s health, sexuality, or religious beliefs (including your own).

Do deposition attorneys ask questions?

This is a typical occurrence at many depositions. While the deposing attorney will ask questions that are relevant to the case, they may also repeat questions to make sure your answers are consistent, or ask questions that are meant to embarrass or enrage you. Often, these questions will be damaging to your case if you answer them truthfully—and of course, you have sworn to do so. So what are your options?