Some of the most popular questions used in depositions include:
- " Have you ever been arrested and/or convicted of a felony or misdemeanor? " This is a proper question, but chances are...
- " What did you do to prepare for this deposition? " The purpose of this question is, in part, to try and figure out if...
- " Do you have identification with you? " If the answer is yes,...
Full Answer
What should you not say during a deposition?
What should you not say in a 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.
- Avoid Providing Privileged Information.
What types of questions are asked at a deposition?
What Questions Are Asked at a Deposition?
- Financial. Financial information is an essential aspect of divorce cases, especially when there is a division of property, assets, and debts.
- Child Custody. ...
- Physical and Mental Health. ...
- Recreational Activities. ...
- Living Situation. ...
- Specific Events and Dates. ...
What will they ask in a deposition?
- General background information such as name, address, date of birth, who is in your family, education, work history, etc.
- Information about your physical condition before the injury occurred. ...
- Information about the accident – how did it happen? ...
- Information about your medical treatment and physical condition after the injury occurred. ...
What questions will be asked during deposition?
- Your name and address
- Your education and job history
- Your health and earning capacity
- Your assets and financial situation
- Child care and custody
- Specific incidents and dates during your marriage
- Your dangerous habits or hobbies
What kind of questions are asked in a deposition?
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 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. Privileged information.
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 do you answer tricky deposition questions?
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 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.
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.
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.
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 prepare a deposition question?
Preparing Effective Deposition QuestionsUse Clear Language. Whether in court or in a conference room for a deposition, it is always advantageous to rely on using clear, concise language instead of a building complex, jargon-filled questions. ... Ask About the Basics. ... Anticipate Answers.
How do you do well 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...
Can you say I don't remember in a deposition?
If you are asked when something occurred and you know it occurred on January 15, do not state “about January, 15.” If you cannot recall, simply say “I don't remember.” Do not guess. Deposition witnesses often fall into the trap of feeling that they have to know the answer to every question.
Can a settlement be made at a deposition?
The short answer to the question of whether a deposition can lead to a settlement is yes, a deposition can absolutely lead to a settlement.
Question Types to Expect
When you are in a personal injury accident in Las Vegas, there are certain types of questions that will be asked of you. Each of these questions should be geared to better understand the situation and what actually happened. As the plaintiff in the personal injury action, you can expect some of the following types of questions:
Deposition Tips
Here are some general tips to follow when answering questions during your deposition:
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Matthew Pfau is a licensed attorney that practices in the areas of estate planning, probate and bankruptcy. Matthew’s ability to communicate and connect with each of his clients has set him apart from other practitioners in his same fields of legal expertise.
What questions should you ask in a deposition?
These standard deposition questions cover the following topics: The witness’s arrest and conviction record. Whether the witness has ever testified in a case before. ...
How to succeed in depositions?
The best way to succeed with your depositions is to prepare and be ready for the most likely responses from your witness. If you keep in mind these deposition questions then you will ensure that you have a useful deposition transcript for trial.
Why shouldn't you ask why?
In that case you will not get another opportunity to cross examine the witness so your ability to handle bad answers to the “why” question is much more limited. Second, you shouldn’t ask “why” if you have good reason to suspect that the opposing party will not present the “why”. Usually this scenario occurs when you are deposing a fact witness who is roughly neutral to both sides.
Do you need to know why during deposition?
And you need to know “why” if you can because (a) the explanation may help you, and then you can use leading questions at trial to get to the same beneficial answers, or (b) if the explanation is not helpful then it’s likely that the opposing party will present the “why” during their case.
Should you close the door when a witness gives an explanation?
Any time the witness gives an explanation on a topic you should try to close the door to prevent future adjustments or additions to the questions, particularly if the answer is helpful to you.
What factors go into finding a civil deposition attorney?
There are many factors that go into finding the right civil deposition attorney like education, experience, and any history of misconduct. That's why LegalMatch streamlined the entire process so you can find out everything you need to know to make the right decision for you.
What is a civil deposition?
A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit.
What is a deposition question?
Common Deposition Questions. A deposition is a process whereby witnesses provide sworn evidence. They are used to gather pretrial information, specifically to discover what a witness may know and to preserve that testimony for later use in court. Depositions usually in the office of an attorney. They are conducted in the presence ...
Where are depositions conducted?
Depositions usually in the office of an attorney. They are conducted in the presence of a court reporter who maintains a verbatim record of everything said during the deposition. The person being deposed is under oath and must answer all questions posed by the deposing attorney.
Understanding Introductory Questions
- There are a few purposes to introductory questions. They can help you get adjusted to the process and understand what to expect in the process of going through a deposition by putting you at ease and can also help to keep the witness honest at trial. This is because the information they provide during that time can be used in the future. Some of the most common types of preli…
Basic Background Questions
- You will first be asked to identify yourself including your age, date of birth, any nicknames, your full name, age, and possibly even your social security number. Your residential history, such as your current contact information, residential address, and any other people who live with you may be established at this time. You may also be asked about your educational, marital, and legal his…
Preparing For A Deposition
- The deposing attorney is allowed to ask questions about how you have prepared for the deposition. This is primarily to establish whether or not you have been involved in any unethical practices, such as being told to say a specific thing. Some of the most common questions asked in this way include: 1. What documents associated with the case have yo...
Introductory Questions
- Introductory questions serve two purposes. First, they help put the witness at ease and second, the responses help keep the witness honest at trial. Commonly asked preliminary questionsinclude the following: 1. You understand that you are under oath? And that being under oath means you are sworn to tell the truth? 2. Have you ever had your deposition taken in the pa…
Basic Background Questions
- Once preliminary responses have been recorded, the attorney conducting the depositions will move on to specific questions concerning personal information and historical background. These questions are broken into five categories. 1. Identification 1. What is your full name? 2. Have you ever used any other names? Maiden name? 3. Do you have any nicknames? What are they? 4. W…
Deposition Preparation Questions
- The deposing attorney is allowed to question the witness as to how they prepared for the deposition. Common questions in this vein include: 1. How did you prepare for this deposition? 2. Have you spoken to anyone other than your counsel about this case? Who? 3. What, specifically was discussed? 4. What documents pertaining to the case have you revi...
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