what if i dont have a lawyer at a deposition

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.

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What if I need to confer with my attorney before a deposition?

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.

What happens if you don’t show up for deposition?

Your absence in a deposition will not provide evidence against you, but it may not reflect well on you, depending on the circumstances. While it would be unwise to completely ignore the deposition request, some factors should be considered that include: Which party put you on the deposition list?

Are depositions stressful for lawyers?

Depositions can be very stressful, and there are a number of reasons why lawyers and clients alike may want to avoid them in certain circumstances. This article will give a broad overview rather than an examination of state-specific laws and policies.

Can a witness be deposed by their own attorney?

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.

How do you survive a legal deposition?

How to Survive a DepositionMake Sure You Understand the Question. Never answer a question unless you fully understand it. ... Pause and Think Before Answering. ... Never Volunteer Information. ... If You Don't Remember, Say So. ... Do Not Guess. ... Don't Fall for the Silent Treatment. ... Stick to Your Answers. ... Always Read the Fine Print.

Should I be worried about a deposition?

Don't Fear Depositions In many cases, depositions can lead to settlements, avoiding the necessity of trial. Think of it as a necessary but important step in the process of getting justice and fair reparation for your injuries.

How do you handle a difficult deposition question?

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...

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 long after deposition is settlement?

Depending on your state, that limit will vary. If you want the fastest time for a case to be settled after deposition, then we would say 4 months, but remember that that is the best case scenario with no hiccups along the way.

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...•

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.

What kind of questions can be 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...•

What is the point of a deposition?

The ultimate purpose for a deposition is to formally record questions and answers related to the case under oath. It helps an attorney establish what a witness or person in connection to the lawsuit knows while also preserving their testimony for later use.

Can I 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.

How do I prepare for deposed?

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...

Are depositions public record?

Luckily for your clients, depositions (whether video or text) are not usually made part of the public record, unless they're entered into testimony during trial. Since most civil cases are settled out of court, there's a good chance that the deposition testimony will never make it past the attorneys and judge.

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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

Why can't I attend a deposition?

Sometimes, a witness may be unable to attend due to unavailability. If this is the case, the witness can attempt to reschedule the deposition. If a witness fails to attend a deposition, the other side can obtain an order from the judge requiring attendance.

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.

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 basis of an objection?

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.

What is a deposition in court?

A deposition is the taking of out-of-court testimony of a witness. After a civil litigation has been filed, each side, as part of the process known as discovery, is permitted to question the other side. This questioning pertains to facts, witnesses, and evidence the other side may intend to use in court proceedings. 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.

Why do you use a deposition at trial?

A party may use the deposition at trial to demonstrate a witness testifying at trial is not being truthful. Trial testimony on a given question may vary from how the question was answered during the deposition. A lawyer may point out these discrepancies to call the witness’ credibility into question.

How long do witnesses have to answer questions?

Witnesses must be prepared to answer questions for a potential period of several hours. During this time, the attorneys may object to the form of each others’ questions.

What happens if you refuse a deposition?

If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.

What happens if you are not subpoenaed?

If you were not subpoenaed, and instead were requested to attend by a certain party, then the legal stakes are much lower. Your absence in a deposition will not provide evidence against you, but it may not reflect well on you, depending on the circumstances.

Can you argue that you are not a direct party to a deposition?

Some states even have laws mandating that depositions be within a reasonably close geographical distance. Depending on state law, you can argue that you are not a direct party to the matter. Some states, such as Connecticut, prohibit compelling any person who was not a direct party to testify.

Can you be subpoenaed to attend a deposition in Livingston NJ?

However, even if you were subpoenaed to attend a deposition, documented by court reporting Livingston NJ can rely on, don’t give up hope yet. There are various tactics you might be able to utilize that will ultimately buy you more time to prepare or come up with a more customized strategy.

What is the law for depositions in Washington?

The laws governing the gathering of depositions in Washington depend on whether or not the case is tried in civil or criminal court. Many family law issues, such as those regarding divorce, will be decided in civil court, where depositions are discussed under Washington Rule CR 30. This law dictates how a deposition must be taken, as well as any other specifics pertinent to this part of the discovery process.

What is a subpoena in court?

A subpoena is a written order that compels a party to provide testimony on a specific issue pertaining to a case. In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.

What is the process of discovery?

Before a trial takes place, both sides engage in the process of discovery, during which they gather information and evidence that they hope will bolster their case. And often times, sworn testimony from witnesses can be a crucial piece of evidence gathered in the process of discovery.

Can a deponent avoid a deposition in Washington?

Washington law does provide certain circumstances in which a deponent is able to avoid a deposition. Pursuant to Rule CR 26, a court may issue a protective order for a deponent to prevent the deposition or discovery process from occurring.

Can you go into a divorce deposition without an attorney?

The deposing attorney then must either drop the question or explain how it is related to your case. You should never go into a divorce deposition without being fully prepared by an attorney.

Should you answer a question in custody case?

You should always answer a question if the answer could have a bearing on the outcome of the case. For example, a question about your history of drug or alcohol abuse may be embarrassing, but it could affect the judge’s decision in a custody case, so you will likely be called upon to answer.

Can a deposition be used in court?

In order to gather this testimony, however, a party must conduct a deposition, in which the witness provides testimony outside of the courtroom. Washington allows use of depositions in court to contradict or impeach the testimony of a deponent as a witness, or under other circumstances. Of course, before a deposition can be considered by the court, ...

What does the attorney ask in a deposition?

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. Rule 11.

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.

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.

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 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.