how to deposition without a lawyer

If you receive a deposition for something related to your work with your company, let your supervisor or someone in authority know about the deposition. Even if the company gives you an attorney, you may want to get your own. You might decide that you don't need a lawyer present if you're just a witness and the case is fairly simple.

Full Answer

Do I need a lawyer for 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. Giving the answer “I think it was 12:30,” is vastly different ...

What are the do's and don'ts of a deposition?

 · Not much advice anyone can give you at this point. Obviously you need 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.

Can a witness be deposed by their own attorney?

Refusing a deposition is typically not permitted. A witness receives notice that their deposition will be taken through a document called a Notice of Deposition.This document contains information about the location, date,and time of the deposition. If the Notice of Documentation has been served in accordance with the law, the witness must attend.

Can You Win Your Case at a deposition?

 · Be professional; giving a deposition is the same as being a witness in a trial. This means dressing professionally. You don't have to wear a suit or a dress, but jeans, cut-offs, and tank tops are definitely not options. Wear a shirt rather than a …

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 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...•

How do you create 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...

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.

Are depositions scary?

Although the deposition sounds scary, dangerous, and stressful, it's merely a formal question and answer session.

Can you refuse to be deposed?

If a party wishes to depose a particular individual, he or she must issue a subpoena form which requests the individual's attendance at the deposition. The individual may choose not to attend, although failure show up at this proceeding could result in fairly serious consequences.

How do I write a letter of deposition?

Content of the deposition letter Advise as to date, time and place where deposition is intended to take place. Advise that they should meet and prepare for the deposition. Advise that it's very important to show up for the deposition. Advise the client of the consequences if he or she fails to attend the deposition.

How do you write a good deposition question?

A deposition is a process whereby witnesses provide sworn evidence....Basic Background QuestionsWhat is your full name?Have you ever used any other names? Maiden name?Do you have any nicknames? What are they?What is your date of birth? Where were you born?What is your age?What is your social security number?

What kind of questions can be asked in a deposition?

Common Deposition QuestionsIntroductory Questions.Background Questions (Identification, Residential, Marital, Education, and Legal)Deposition Preparation Questions.Case-Specific Questions.

How stressful is a deposition?

Potentially one of the highest pressure, highest stakes public speaking situations is on the witness stand in a courtroom or during a deposition. Even the most experienced witnesses can feel anxiety, which left unaddressed can hinder their testimony.

How should I dress for a deposition?

In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition. Not too casual. Do not wear jeans, shorts, sneakers, sandals, or head wear. Long pants, dress shoes, and a belt or suspenders are top choices.

How do you avoid answering questions in a deposition?

Avoid Explanation of Your Answer By providing thorough information through your answers you can avoid potential confusion. However, in the event that your answer requires further explanation, the attorney who is conducting the deposition will ask clarifying questions.

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Speak to other attorneys, and maybe you can find someone who will work with you on a payment plan. My partners do that all the time. More

Josh P Tolin

Speak to other attorneys, and maybe you can find someone who will work with you on a payment plan. My partners do that all the time. More

What do you need to know before going to a deposition?

Before you go into a deposition, you need to have a good sense of why you want to depose this particular individual and what you hope to get out of the interview. Determining your purpose helps you focus your initial preparation.

Who will explain the deposition process?

If the witness is represented by an attorney, that attorney will have explained the deposition process to them. If they are a witness for the other side, the other party's attorney likely also will have explained the process to them.

What to ask a third party witness?

Ask about attorney representation. Even if you already know, you want to ask the witness on the record if they are represented by an attorney and whether that attorney is present. This can be especially important if you are deposing a third-party witness who is represented by the opposing party's attorney.

Why is it important to keep explanations of the deposition process?

It's in your best interests to keep any explanation of the formalities of the deposition process to a minimum, to avoid intimidating the witness, which could cause them to clam up.

Who must be sworn in before a deposition?

Have the witness sworn in. Before the deposition can take place, the witness must be sworn in by the court reporter who will be recording the interview and producing the transcript of the deposition later on. If you requested the deposition, you must arrange for the court reporter.

What is the style of questioning in a deposition?

Your style of questioning also will be determined by the purpose of the deposition. If the witness won't be available at trial, direct and narrow questions will focus the witness's answers, since the deposition will be the only time that witness's testimony will be on the record.

What is the question style of a deposition?

Your question style depends on the witness's role in the proceedings. If you're interviewing the other party, or a witness for the other side, the deposition may very well become antagonistic.

Who is the attorney in a deposition?

Typically, the witness being deposed is represented by their own attorney. During the deposition, an attorney may ask a question that both sides had agreed was improper (e.g. relevant, or leading). The other attorney may make an objection. The objection often prompts the asking attorney to withdraw the question. In some instances, a dispute may develop over whether a witness must answer a particular question.

What questions does the attorney ask a witness during a deposition?

During the deposition, one side’s attorney asks a witness a series of questions as to the witness’s knowledge of facts, circumstances, and events relevant to the case. The witness can be the other party, someone the other party claims to have relevant knowledge, or an expert whose opinions and conclusions are sought.

Can an attorney object to a witness's answer?

During this time, the attorneys may object to the form of each others’ questions. Questions that suggest or lead a witness to an answer, or that imply a fact that has not been established, can serve as the basis of an objection. While the attorneys are speaking to each other, the witness should not be speaking. The witness should answer the questions being asked of them,and only those questions.

Should a witness argue with an attorney?

Witnesses should answer these questions truthfully, to the best of their ability. A witness should not argue with an attorney asking a question. If a witness needs to take a short break to discuss a particular question with their attorney, the witness may ask to do so.

What is the person who videotapes a deposition called?

The person videotaping the deposition is called a videographer. During the deposition, a witness must truthfully answer questions asked of them. After the attorney for one side completes their deposition of the other party, the other party’s attorney may then ask their client questions.

What is the presentation of a party's case before a jury or a judge?

The trial is the presentation of a party’s case before a jury or a judge. A presentation before a judge is known as a bench trial . A party may use the deposition at trial to demonstrate a witness testifying at trial is not being truthful.

When is a deposition used?

Depositions are used when the facts of a case are disputed by the parties. When a deposition has been completed, it can be offered into “the record” as admissible, relevant evidence. This means that a party can use and refer to the deposition during the trial. The trial is the presentation of a party’s case before a jury or a judge. A presentation before a judge is known as a bench trial.

What is a deposition in court?

Depositions let you put witnesses (including opponents) under oath and require sworn answers to your questions before trial. Whether you are taking a deposition or being deposed, here are things you absolutely need to know. What's said at a deposition can be binding evidence at trial.

Can lawyers take depositions too soon?

Many lawyers take depositions too soon and lose a valuable advantage. All explained in this class. Depositions are a powerful tool. They can be used by you to gain a valuable advantage. They can be used by your opponent to sink your ship. Learn how to use depositions in this class.

How to prepare for a deposition?

Be prepared. Spend some time before the deposition date thinking about the event or circumstances you'll be questioned about. You might want to make some notes to jog your memory. You can bring the notes with you to the deposition.

Why are depositions recorded?

Depositions are recorded in case you, the witness, are unable to later testify at trial for some reason. One side or both sides may record the deposition or there may be a legal stenographer to take notes. 2 

What happens if an attorney hammers you?

If an attorney is hammering you and you begin to feel uncomfortable and at a disadvantage, you have the right to temporarily pull the plug on the proceedings to give you time to get a lawyer. The deposition will be rescheduled. You might also have some legal or personal issues that you're worried about exposing.

Do you need an attorney for a deposition?

You already will have an attorney if you are a party in the case, and if you are representing your company, they may give you an attorney. If you receive a deposition for something related to your work with your company, let your supervisor or someone in authority know about the deposition.

Can jurors listen to depositions?

With the judge's permission, the jurors can view or listen to the deposition instead of having you testify in court.

Where do depositions take place?

Depositions typically take place in the law office conference room of the attorney who has requested them. There will be several attorneys present for both sides and they all can ask you questions. You can use notes if you need them.

What is the person who gives a deposition called?

Attorneys will ask you a series of questions to determine what knowledge you have about the case. 2 . The person giving the deposition is called the deponent.

What is a deposition in court?

What Is a Deposition? A deposition is pre-trial oral testimony taken under oath. In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, ...

What are some suggestions for a deposition?

The following are suggestions to help you prepare to give you deposition: Always tell the truth: Failure to tell the truth in a deposition constitutes perjury, which is a felony. It can also damage your case if the truth comes out at trial.

What to do if you are asked to supply documents?

If you are asked to supply documents or information, refer the opposing counsel to your attorney. Do not reach into your pocket for a social security card, driver’s license, or any other document, unless your attorney requests that you do so.

How to avoid losing your temper?

Remain calm and polite: Do not lose your temper no matter how hard you are pressed. If you lose your temper, you may be playing into the other side's hands. Do not argue. Speak in the same tone and manner that you would speak to your own attorney. Your attorney will object to any inappropriate questions or actions by the other lawyer.

What to say when a lawyer asks you to explain your testimony?

If you try to explain, the attorney may believe that he or she has reason to doubt the accuracy or authenticity of your testimony. Remain calm and polite: Do not lose your temper no matter how hard you are pressed.

What to say when you don't know the answer to a question?

Don't guess: If you do not know the answer to a question, you should say that you do not know. You have a right to confer with your lawyer: At any time during the deposition, you will have the right to speak with your attorney privately regarding the question and your answer. Do not hesitate to exercise this right.

Why do you have to stop after each question?

Pause after each question: This gives you an opportunity to think about the question and give an appropriate response. It also allows your attorney the time to make an objection to the question if one is appropriate.

How to conduct a deposition?

1. Be Confident . The first thing to remember when conducting depositions is maintain composure and confidence. Remember that you can easily become your own worst enemy if you think in terms of “success” or “failure” during the deposition . It’s a discovery tool and not the actual trial.

What is the importance of reexamine prior to a deposition?

But, prior to a deposition, it’s important to reexamine key discovery, study your file thoroughly, and consider any facts that may require additional development through testimony. Additionally, it is helpful to consider your case strategy as you prepare.

Do law schools have depositions?

Some law schools offer liti gation training, but not much time is spent on depositions. Interestingly, many civil litigators spend more man-hours conducting and attending depositions than spent conducting trials. For this reason, it’s important for young attorneys to bear in mind a few tips while conducting and defending depositions.

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 is a deposition used for?

The deposition may be used to gain information or to impeach you at trial. There is no judge or jury present. your attorney (or the attorney defending the deposition, if you are a witness and not a party) may make objections. These objections are to preserve the record.

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 is the rule of not knowing?

Rule 7. If you do not know, with reasonable certainty, the answer to a question, do not try to figure out the answer while testifying. Answering that you do not know is a perfectly acceptable answer. However, if you give an answer that is incorrect, this may be used against you at trial or in pretrial motions.

Is it unusual to be deposed?

It is not unusual for a person being deposed to try to think what the next question will be. You should try to avoid this. You need to be concerned with the question that has been asked and not the next question. An attorney taking a deposition may well be asking a line of questions and if you are not listening to the question, ...

Can you speed up a deposition?

You cannot speed up the deposition by elaborating on an answer to a question. 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.

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.

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• Winning is Easy Know the facts you must prove. State the facts in your pleadings. Prove the facts with discovery. Move the court for judgment. This Course Shows How 1. When to take depostions and why 2. How to prepare 3. What questions to ask 4. What questions not to ask 5. What questions to answer 6. What questions not to answer 7. How to notice d...

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