when you are giving a deposition is your own lawyer present

You are entitled to have your own attorney present at a deposition, just as you could if you were testifying in court or if you were one of the parties in the trial. 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.

Full Answer

Do I need a lawyer for a deposition?

Having an attorney is a good idea in this case as well. You can discuss questions with the attorney before you answer, or your attorney can attempt to stop a question from being asked, although this doesn't always work. Be prepared. Spend some time before the deposition date thinking about the event or circumstances you'll be questioned about.

What is a deposition in law?

Depositions are done in a question-and-answer format. 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. The deponent is deposed (questioned) during the process. 1  Depositions are a vital part of the discovery process of a lawsuit.

What happens if you don’t give a deposition?

Even though you are likely just a witness to a crime, and have not done anything wrong yourself, if you fail to give a deposition (when called to do so) then you could face legal consequences. When you receive a subpoena, you will usually be given an appointment at which you should appear at court to give your oral testimony.

Is there a judge or jury present at a deposition?

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 happens during the deposition?

A deposition is the legal term for a formal, recorded, question and answer session which occurs when the witness is under oath. A deposition generally serves two purposes: (1) find out what you know; and (2) preserve your testimony for later use (either in motions to be filed with the Court or at trial).

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 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.

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.

Are depositions scary?

As scary as that may sound, it is actually a very simple event. A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case.

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...

Should I be nervous during a deposition?

Tip #2: Stay calm. The defense attorney is going to try to catch you off guard, make you seem nervous, and generally try to get you to ruin your case. Their job is to make your case go away so their clients don't have to compensate you for your losses. Stay calm during your deposition.

Are depositions stressful?

Depositions are stressful, but you can do it if you follow the top five rules and prepare with your attorney. No need to over-prepare. The facts are what they are.

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...•

Are depositions worth it?

However, depositions can yield valuable information that may enhance your bargaining position, facilitate settlement negotiations, or help to prepare for trial. Your family law attorney is in the best position to advise you whether a deposition can be beneficial in your case, based on your unique circumstances.

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.

Can personal questions be asked in a deposition?

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.

What are Depositions?

Depositions are the sworn statements of a witness in a lawsuit, in an out-of-court situation. They are used to gather evidence and information; think of them like fact-finding missions similar to testifying in court. 1 

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.

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.

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.

What happens if you get a subpoena from a court?

You've received a subpoena from a court telling you that you must give a deposition in a lawsuit. If the thought of giving a deposition panics you, you're not alone. But knowing what's going to happen in the deposition can relieve some of your concerns.

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.

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.

Do you need an attorney to be present for a deposition?

Many deponents assume they do not need an attorney to be present for questioning because attorneys rarely take action in a deposition. What they do not realize is that most of the necessary work of a deposition takes place beforehand, so if your attorney has done a good job preparing you, he will likely say very little on the day of your actual deposition.

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, except that there is no judge presiding during a deposition. What this means is that certain matters – whether a question or answer will be admissible at trial – will be decided by the judge later on.

Why do opposing counsel take depositions?

Depositions are extremely useful to opposing counsel. In a deposition, the opposing counsel will want to find out what you know regarding the issues in your lawsuit so that they can prepare for your testimony in advance of trial. The testimony you give in a deposition may be read at trial, so opposing counsel hopes to catch you in a lie or omission, because, if they were to do so, they could claim at trial that you are not a truthful person. Having established your dishonest character, they could then argue that your testimony should not be accepted as evidence of any of the important questions at trial. Remember, opposing counsel has every right to take your deposition for these purposes.

How to conduct yourself during a deposition?

How you conduct yourself during your deposition can make or break you case. Be aware at all times that your deposition is being taken to provide your opponent with legal ammunition to use against you at trial. Be cooperative, but always be mindful not to volunteer more information than you have to, and remember that you may consult your attorney at any time during your deposition.

How to avoid wisecracks?

Your humor may not be recognizable in the transcript and may look crude or untruthful. Don't speak with opposing parties or counsel: After the deposition is over, do not chat with your opponents or their attorney.

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.

Why do attorneys ask questions during depositions?

Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. Like opposing counsel, your attorney may schedule and take depositions to help build your case. If there are some issues about your case that you consider worrisome, ...

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.

What to do when you need to confer with an attorney?

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.

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 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 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.

Can a deposition be changed?

Yes, in a lot of cases, you can make changes to your deposition after you have given it. However, you should always try to tell the truth when you are giving your deposition.

Do judges read depositions?

Generally speaking, no, judges do not read depositions. In a lot of cases, depositions do not take place in the presence of the judge, and so they might not know what occurred during it.

How many times can I be deposed?

In the majority of cases, you can only ever be deposed once, so if you have already been subpoenaed to give evidence, the chances are that you will not be served again for that same case.

How many times can you postpone a deposition?

While you are legally required to give a deposition, it is possible to postpone it if you cannot make the original date that is given to you.

Is a deposition a bad thing?

If you have never been to court before, then getting a subpoena can be quite daunting.

How long does it take to correct a deposition?

But, if you do realize that you have made an error when giving your deposition then you can usually correct this within 30 days after the deposition was given.

What happens if you don't update your transcript?

If you knowingly avoid updating the transcript, then you could be in contempt of court as you technically have not told the truth in court.

Why is deposition testimony used in court?

Deposition testimony can and often is used at trial and inconsistencies in statements due to misunderstood questions, nervousness or lack of preparation, can have a negative impact on your outcome.

Why is a deposition important?

The deposition can help flush out the facts of the case and the testimony given at a deposition will often be used again at trial. Testimony given in a deposition also can commit you to a position later on at trial. Sometimes, statements made during a deposition can help prompt settlement discussions. This is especially true when deposition ...

What is deposition testimony?

Deposition testimony will occur in a similar manner as testimony being provided on the stand to a judge or jury. Opposing counsel typically has much more leeway during a deposition regarding what they can and cannot ask. Having an attorney by your side to help walk you through questions and advise you on which questions you should not answer or are not obligated to answer can help hone your statements which will eventually be given at trial. If you are a party to a lawsuit, make sure your lawyer prepares you for your deposition.

What to do if you are not obligated to answer questions?

Having an attorney by your side to help walk you through questions and advise you on which questions you should not answer or are not obligated to answer can help hone your statements which will eventually be given at trial. If you are a party to a lawsuit, make sure your lawyer prepares you for your deposition.

Is deposition testimony harmful?

This is especially true when deposition testimony is especially harmful or helpful to one side of the lawsuit. While not an actual trial, depositions are legal proceedings and participants often ask whether they are in need of legal representation.

Is a deposition necessary for a lawsuit?

Participant in Legal Proceeding or Lawsuit. If you’re involved in a legal claim or lawsuit, either as plaintiff or defendant, a deposition will often be a necessary part of the pre-trial discovery process.

Do you need a lawyer for a deposition?

At a deposition, you will be required to testify under oath and any factual misstatements could be held against you at a later date. In addition, many witnesses at depositions will feel more confident with their own lawyer by their side when being asked questions by attorneys representing the other parties to the matter.

What happens if you don't answer questions at a deposition?

If you are called and sworn as a witness to testify at a deposition you have an obligation to truthfully answer questions that do not call for privileged information. You are not required to answer questions that call for the disclosure of privileged communications, such as attorney client, doctor patient, accountant client and, minister parishioner communications. However, if you think you may be asked to disclose such information it would be advisable to tell your new employer's attorney and ask the attorney to object to your providing that kind of information. If you fail to answer questions that are not protected by privilege you could be held in contempt of court and jailed or fined or both. It is a violation of Michigan public policy to terminate an employee for giving truthful testimony under oath. Depending on the kind of case you are being deposed in it may also be a violation of the statute the litigants are proceeding under. For example, if the suit is brought under the civil rights laws, it is a violation of the anti-retaliation provisions of those laws to demote, fire or take away a benefit of employment because you give truthful testimony in a proceeding under the law.

What happens if you are subpeoned to appear at a deposition?

If you are subpeoned to appear at a deposition and placed under oath you must answer truthfully or the penalty is perjury It would be illegal and an act of discrimination in violation of public policy to terminate you for obeying the law and refusing to violate the law . Having said that I would discuss this with your current employer and its lawyer and express your concern and anxiety about the process.

What is required to be deposed?

As an employee of a company which is a party to a lawsuit, you may be required by your employer to appear for a deposition. Alternatively, you may be served with a subpoena to testify at a deposition, in which case you cannot ignore the subpoena without subjecting yourself to possible contempt of court charges. If you are going to be deposed, you must cooperate and answer the questions asked of you under oath, unless you have a legal reason to refuse to answer a particular question. You have the right to hire your own counsel to appear with you at the deposition and protect your interests.

Why would you not have a privilege?

You would not have a privilege simply because you believe your answer is against the interests of your current employer, and you fear that your employer will retaliate against your for answering that question. Your new company will likely have you meet with its attorneys beforehand to prepare you for the deposition.

What happens if a company fires you?

. . that's perjury. If company fires you you'll have a lawsuit against them on "public policy" grounds. They're NOT supposed to punish someone for testifying . . . even if it goes against them. That would be a wrongful termination.

Do you have to answer questions to which no privilege applies?

While you have a privilege in certain cases to decline to answer questions (for instance, the attorney-client privilege, or the Fifth Amendment right against self-incrimination), you must fully and truthfully answer questions to which no privilege applies.

Do you have to tell the truth when you are served with a subpoena?

As you will be served with a subpoena and testify under oath, you must tell the truth. If you are afraid of criminal prosecution you should retain a lawyer to attend the deposition with you.