how to prepare for deposition as witness without lawyer

Try to schedule a meeting with your lawyer close to your deposition date. If you don’t have a lawyer, then you can still prepare for your deposition by following the remaining tips. 2 Refresh your recollection of the incident. You should review any paperwork that relates to the lawsuit.

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What should you not say during a deposition?

If a witness is not expected to be available to testify later, counsel should ensure that a complete record of the witness’ favorable knowledge is established. 1. MODEL RULES OF PROFESSIONAL CONDUCT R. 3.3 (1983) (“Candor Toward The Tribunal”). 2. Id. 3. Id. 2 Confirm the Witness’ Knowledge and Explain Your Core Theory

How do you prepare for a deposition?

Play devil’s advocate. Your attorney should make sure that there is no public information that could contradict your testimony. This includes looking through your social media accounts, shared photographs, and any other potential evidence that could disprove what you tell the opposing attorney.

How to answer questions in a deposition?

Jan 21, 2014 · A deposition is a question‐and‐answer session between the attorneys to a lawsuit and a witness (the deponent) where the witness’s answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. In fact, deposition testimony can also be used in court at trial.

How do I prepare for deposition?

Feb 02, 2021 · Keep these tips in mind to prepare your expert before the deposition. Orient your expert witness to the law and the deposition process. Provide the expert with all necessary materials and information. Your expert witness needs to know all the facts of the case.

What should you not say in a deposition?

8 Things Not Say During a DepositionNever 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.Avoid Providing Privileged Information.May 19, 2020

How do you prepare a fact witness for deposition?

Practical Law provides the following Checklist for a testifying witness to follow:Speak Slowly and Clearly.Pause After Each Question. ... Listen to Objections and Instructions.Tell the Truth.Short Answers Are Best.Remain Composed and Professional.Do Not Answer Unclear Questions.Ask for a Break if Needed.More items...•May 7, 2018

How should a client prepare for a deposition?

Deposition Process and GuidelinesTell the truth.Speak audibly.Talk slowly.Think before you speak.Do not volunteer information; answer only the question that is asked.Be professional and polite.Take breaks as necessary (usually one per hour)If you do not understand the question, then ask for clarification.More items...•May 6, 2016

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.Jun 7, 2019

How do you handle a difficult deposition question?

What follows are numerous points or rules to keep in mind throughout the deposition.Tell 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 do you prepare a witness?

Ten Tips for Testimony: Preparing for the Witness StandBe truthful. ... Listen Carefully to the Question -- and wait until the entire question is asked. ... Answer Only the Question That Was Asked. ... Take Your Time -- Think Before Answering Each Question. ... Don't Guess at the Answer -- if you don't know, say you don't know!More items...

What kind of questions are asked in a deposition?

Common questions in this vein include:How did you prepare for this deposition?Have you spoken to anyone other than your counsel about this case? ... What, specifically was discussed?What documents pertaining to the case have you reviewed?Did you meet with counsel for the other side prior to this deposition?More items...•Mar 22, 2017

How do you answer a deposition question?

How to Answer Questions in a Deposition: 5 Ways to AnswerAlways Tell the Truth. ... Listen to the Question in Detail. ... Dissect Any Compound Questions. ... Stand Up for Yourself During Questioning. ... Take Your Time Answering Deposition Questions. ... Admit to Mistakes or Inconsistencies in Your Answers.Feb 21, 2020

Are deposition prep materials privileged?

Thus, even with a finding that an attorney's selection of deposition preparation documents is privileged, opposing counsel still has a means to discover the documents reviewed in preparation for a deposition to the extent the witness relied on them to testify.Jul 25, 2016

Should I be nervous for a deposition?

Depositions can be used as testimony at trial. For many people, this will be the first time they have answered questions under oath. It is common to be nervous before your deposition.Jun 19, 2019

Is a deposition scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

How should you behave in a deposition?

How to Behave (and not Behave) in a DepositionTell the truth. Enough said.Answer the specific question asked. ... If you do not understand a question, do not answer. ... Do not guess. ... A deposition isn't a memory test. ... Beware leading questions. ... Give complete answers, and then stop. ... Documents.More items...•May 25, 2016

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.

What are probing questions? What are some examples?

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. Ensure the truth.

How to conduct a deposition?

Your Conduct At The Depostion.#N#You should make every attempt to conduct yourself in a professional manner at your deposition, both while you are under oath and while you are anywhere where you can be seen or heard by opposing counsel or other parties. Do your best to avoid displays of anger or frustration toward opposing counsel or other parties, and you should not speak to opposing counsel about the case off the record, outside the deposition room, or in any casual manner. It is best to confine yourself to the answers you are required to give while under oath during the deposition.#N#The opposing lawyer will be carefully watching your demeanor during the deposition to assess the affect you will have on the jury. He may attempt to rattle you to see how you react. Regardless of the tactics employed by the opposing lawyer, you should avoid being defensive or combative. If you rise to the bait he will have achieved his goal. Do your best to remain calm and poised, regardless of the nature of the questions asked.

Why do lawyers use deposition transcripts?

Lawyers at trial may also use the deposition transcript to show inconsistencies in a witness's testimony.

Why do lawyers object to questions they believe are improper?

Lawyers must object to questions they believe are improper in order to preserve the objection for a time when a judge can rule on it. Since there is no judge present at the deposition, objections are stated for the record, and the deposition continues.

What happens if an opposing lawyer doesn't ask the right questions?

It is in your best interest if there are gaps in the story, because the opposing lawyer will be hindered in her trial preparation. Limit your answers to the specific question asked.

Why are depositions taken?

Why are they Taken? A deposition is part of the discovery process in a lawsuit. It is the examination of a witness under oath, outside the courtroom, with the witness's testimony being recorded by a certified court reporter. The purpose of the deposition is to allow the lawyers for the parties in a lawsuit an opportunity to learn ...

What happens if you respond too quickly to a question?

If you respond too quickly, your lawyer may have to interrupt you to make an objection on the record. Depending on the nature of your testimony, it is possible that a line of questioning may upset you, or make you angry.

What is the purpose of a deposition?

The purpose of the deposition is to allow the lawyers for the parties in a lawsuit an opportunity to learn what a witness knows about the facts and issues pertinent to the lawsuit. With certain exceptions, lawyers may take the deposition of any person whom they believe has knowledge pertinent to the issues in the lawsuit.

Who will take your deposition in a personal injury case?

If you have filed a civil lawsuit in your personal injury case against the at‐fault driver, person, corporation, or entity that caused your injuries, then at some point the defense attorney representing the other side will take your deposition.

What is a deposition in court?

A deposition is a question‐and‐answer session between the attorneys to a lawsuit and a witness (the deponent) where the witness’s answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. In fact, deposition testimony can also be used in court at trial.

What is the Oregon deposition law?

Depositions are governed in Oregon by ORCP 39, which sets forth the legal requirements and procedures for a deposition. However, for the personal injury client, the most important thing to worry about is that you are properly prepared for your deposition in your personal injury case.

How to prepare for a defense attorney?

By being prepared you can make a good, truthful and forthright impression. 2. Think before answering .

What is the duty of a lawyer to answer a question?

Your duty is to tell the truth and answer only the question that has been asked. If the answer to the question is “yes” then you answer “yes” and that is it. You do not explain why the answer is “yes” unless the opposing attorney asks for that question. Keep your answers brief.

What is evidence in a personal injury lawsuit?

Oftentimes documents or photographs will be evidence in a personal injury lawsuit and will be exhibits in your deposition. You may be asked by the defendant’s attorney detailed questions about a document or photograph. The attorney may also read a portion of a document to you and then ask you questions about it.

Why is it important to review the facts of your case with your attorney?

Be prepared. You should review the facts of your case with your attorney so that your memory is refreshed and you can answer correctly. This is important not only for knowing how to deal with. potential weak spots in your case, but also for remembering and knowing all of the strong points in your case.

What is a deposition in court?

A deposition is a formal, pre-trial oral testimony taken through the asking and answering of questions. It is common to be called on to give testimony in the form of a deposition when you bring a lawsuit for personal injury, wrongful death or otherwise. Our firm represents clients being deposed weekly. Before giving a deposition, you should be ...

What is the purpose of a deposition?

The purpose of a deposition is to provide information , but be certain to only provide answers to the non-objectionable questions asked. If you are ever called on to give your deposition, here are 15 tips to ensure a favorable testimony that will help your case: Listen to the question and only answer the question that is asked.

What to say if you don't know the answer?

If you don’t know the answer, “I don’t know” is a perfectly good answer. Don’t guess, speculate, or play a hunch. A deposition is sworn testimony; only say what you know to be true. On the other hand, don’t use this tip to avoid giving testimony that you know. If you don’t understand a question, ask for the questioner to rephrase it.

How to answer questions that seem irrelevant or silly?

Stay calm and collected. The opposing counsel may ask questions that seem irrelevant or silly. A witness is best served by staying calm and giving honest, thoughtful responses to all questions. If you get uncomfortable about an area of questions or uncertain about how you should answer, you have a right to take a break.

Do you circle back during a deposition?

Don’t be afraid to circle back. During a deposition, if an answer comes to you as to a question asked earlier, you are perfectly entitled to go back to the previous question and provide an answer during the deposition.

Can a witness review a referenced document?

A witness is allowed to review referenced documents before giving an answer during a deposition. The document may help to refresh your memory. Don’ t get boxed in on issues pertaining to time, distance, and speed.

Can you confer with an attorney before giving an answer?

You cannot confer with your attorney before you give an answer. Your attorney, however, may object to a question and in her objection, she may be attempting to provide information in an attempt to assist you before you are required to answer the question. a.

What to do if an investigation does not end up in a deposition?

Even if such an investigation does not end up in your deposition outline, thorough investigation will invariably inform your deposition strategy and approach. Know and Organize Your Documents and Exhibits. In fact witness depositions, attorneys often have a plethora of documents to go through with the witness.

What to do after a deposition?

After the deposition, it is important to review the transcript to note any documents or information promised by the witness and to send a letter memorializing such requests right away . You may also have learned of additional witnesses to depose or documents to gather, and those can be added to your case tasks as well.

What should a deposing attorney do?

The deposing attorney should review and know all the documents relevant to the fact witness being deposed. This includes all references to the fact witness in plaintiff fact sheets, discovery responses, the complaint, other witnesses’ depositions, and other case documents. The deposing attorney should also go over all of the documents ...

What to do if the plaintiff's attorney tells the deponent not to respond?

If the plaintiff’s attorney continues to tell the deponent not to respond, move on and you now have a basis for a motion to compel a response . Depending on the case or court rules, calling the judge or magistrate during the deposition to resolve the dispute may also be an option.

What is a deposition outline?

A deposition outline can be your saving grace. If you have adequately prepared for your deposition and know what your goals are going into the deposition, your outline should include all the key testimony you should strive to go home with at the conclusion of the deposition.

What are the challenges of fact witness deposition?

Fact witness depositions can present challenges such as learning the case-specific and court-specific rules for your deposition, getting through a large number of documents in a limited time, and budgeting time to cover all relevant topics—all while dealing with an opposing attorney who may try to take advantage of your inexperience.

When can a witness not answer a question?

Generally speaking, the only time a witness can be instructed not to answer a question is when the response is privileged. If the deponent’s counsel instructs the witness not to answer a question, immediately ask the attorney to explain the basis of the instruction and make a record of it.

What to do if you say something different in a deposition?

2. Avoid Saying More Than Asked.

What is the purpose of a deposition?

Your job is to answer questions truthfully and completely, but not try to add things or make your entire case. Before the trial, a transcript of the deposition will be prepared and if you say something at trial different than what you said in the deposition, the attorney may read the deposition transcript into evidence to say you changed your story.

How to rattle a deponent?

Some attorneys try to rattle the deponent by drawing the deponent into a pattern of answering questions rapidly. Don’t get sucked into this. Establish a pace that gives you time to think about each question and the answer. Other times, attorneys will ask questions that are not understandable or that assume false facts, “ when did you stop beating your wife? ” You can always ask the opposing attorney to rephrase a question if you don’t understand it or if it is saying something not true. Another trick some use is to ask the same thing a different way later in the deposition, especially if you answered well the first time. They are hoping you give a different answer or forget some of the things you said before. One good way to handle this is to say “ I don’t have anything to add to what I said about that before .”

What does "objection to form" mean?

If the attorney says “ objection to form ,” that means the attorney thinks there is something wrong with the question, either because it is confusing or because it assumes false information. If this objection is made think about the question and whether you should ask for it to be rephrased.

Do you have to answer if your lawyer has made an objection?

Usually you are still required to answer if your lawyer has made an objection (unless there is an “instruction not to answer”) but you should still listen to the attorney’s objections to consider what the attorney might be thinking.

Can an attorney tell you how to answer questions?

Listen to Your Attorney’s Objections. Your lawyer can not tell you how to answer questions. However, your attorney can consult with you in breaks between questions. Also your attorney can make a number of objections.

Can an attorney quiz you at a deposition?

Another thing to remember is that at trial, you will have access to all of the relevant documents and records, but in the deposition the attorney may try to quiz you on details without letting you look at the documents.

How to testify at a deposition?

Ten Tips for Testifying at Your Deposition. 1. Prepare, Prepare, Prepare. It’s critical that you take time to prepare for your deposition, both with the attorney and on your own. Since most cases settle before trial, this may be your only chance to tell your story. How well you do in your deposition often has a significant impact on ...

What is the goal of a deposition?

One of the Deposition goals is to have the attorney leave the Deposition understanding what a nice, likeable and credible person you are. 3. Listen to the question and understand it before you answer. Sometimes lawyers ask questions that don’t make sense.

Why do lawyers use subpoenas?

Subpoenas can also be used to uncover information about your past and surveillance can be used to monitor your activities. Being caught having said something inaccurate, intentional or not, can hurt or kill your case.

What documents are used in a deposition?

Documents are often used in Depositions such as other documents from the lawsuit, police reports, photographs, medical records, pay stubs, tax returns, etc.

How to make a good impression on a lawyer?

2. Try to make a good impression. Since the lawyer is evaluating your credibility and likeability, try to make a favorable impression. Try not to get angry or annoyed.

Should you give absolute answers to a car accident?

Be careful about giving absolute answers unless you’re sure you are right. It’s very damaging to your case to testify that you’ve never been in a car accident or never have had any neck pain or treatment and then have the defense uncover proof that you are not being truthful When in doubt, use less absolute answers.