While you prepare for your family law deposition, ask your lawyer what types of questions you will be asked. A good lawyer will have been in many depositions and should have a good idea of what tactics will be used.
A deposition is an in-person interview where a lawyer asks you questions that you must answer under oath. Depositions help lawyers get information from the other side and prepare for trial.
While there is no judge present during a deposition, a stenographer will create a transcript of the conversation. If you are a party or witness in a family law case, you might be asked to provide a deposition at some point during litigation. If you are a lawyer, you will Prepare for a Deposition differently.
Speak confidently. Deposition answers must be given verbally, which means you will not be able to shake your head or use hand gestures. When you speak at a deposition, be clear, concise, and accurate. Try to avoid using the words "um" or "uh-huh".
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 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.
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...
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. Privileged information.
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...
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...•
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.
Page 1Tell the truth! This is more than just a copybook maxim. ... self-preservation for witnesses. ... Think before you speak! ... beginning to respond to a question. ... Answer the question! ... to the question which is asked and only that question. ... Do not volunteer information! ... examining attorney.More items...
Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.
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.
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.
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.