How to Prepare for a Deposition
If you are involved in a lawsuit, chances are you will have to sit for a deposition at some point or another during the case. A deposition, also known as an examination before trial, is a proceeding during which an attorney asks a witness questions under oath. A court reporter is present to record everything that is said, and parties have the opportunity to use the deposition transcript when trying to dismiss a case or determine what individuals will say during trial. Although depositions can be a trying experience, there are a few critical ways how to prepare for a deposition to be ready when the time comes to be deposed.
Refresh Your Recollection
One of the most important ways to prepare for a deposition is to refresh your recollection. Chances are that during a deposition, individuals will be asked about events that happened months, even years in the past. This is because people often wait before filing a lawsuit, and depositions only occur after several stages of litigation have already taken place. As a result, people might not remember offhand all of the details related to an event that is the subject of a lawsuit.
However, it is critical to provide accurate testimony at a deposition. Any inconsistency between a person’s testimony during a deposition, and other established facts could prove that a witness is not credible. In addition, inconsistencies can also make it more difficult to win a case before trial, since juries and not judges are typically tasked with resolving any inconsistencies in evidence.
In order to refresh your recollection, it important to review all materials related to a lawsuit. This includes all of the documents that have already been filed in the lawsuit to make sure that names, dates, and other important information is remembered by a witness. Furthermore, it is also important to review all photographs, videos, statements, and other materials related to the lawsuit. By preparing for a deposition in this way, individuals can be fully ready to be as successful as possible at a deposition.
Speak With Your Attorney
Another important way to prepare for a deposition is to speak with your attorney before a deposition takes place. Many attorneys and clients merely discuss deposition strategies immediately prior to the deposition. This might limit the amount of time available to prepare for a deposition, and can lead to a number of issues. If it is possible, it is usually suggested that clients meet with their attorneys before the day a deposition is scheduled to take place so that there is enough time to discuss matters related to a deposition.
Attorneys can provide important information for individuals preparing for a deposition. For instance, your lawyer will likely know the kinds of questions the other attorneys will ask at a deposition, and this can help ensure that there are no surprises. In addition, the attorney might also be able to explain the theory of the case and how the witness’ testimony can impact the theory of the case.
Attorneys can also provide helpful instructions about how to prepare for a deposition. For instance, a lawyer would likely instruct their client not to offer more information than is necessary to answer the questions asked by the other attorneys. Also, an attorney representing you at a deposition will likely relate that all answers need to be verbal, since the court reporter cannot record nods of the head or gestures of parties in the room. Furthermore, your attorney will likely relate how you should wait until the lawyer has finished asking a question before answering to make things easier to record. In any case, speaking with a lawyer is critical to preparing for a deposition.
Having the Right Mindset
One of the most important ways how to prepare for a deposition is to get into the correct mindset and to understand the role that you have at the deposition. Oftentimes at depositions, the attorney asking questions tries to form a connection with the person being asked questions. The attorney asking questions might try and act like a friend to the witness, and be nice to the person providing information. The reason why an opposing attorney acts friendly to the witness is sometimes because this might make the witness more likely to provide additional information. It is important to understand that this is a possibility at the deposition, and that witnesses go into the proceedings with the understanding that any efforts by the opposing attorney will not influence one’s performance at a deposition.
At other times, an opposing attorney might act mean during a deposition. This is because sometimes witnesses will crumble under pressure if they are asked tough questions by an attorney who makes the deposition an extremely adversarial proceeding. An important way how to prepare for a deposition is to understand that a witness might be asked tough questions from a difficult examiner. Knowing that this is a possibility, it is important not to crack under the pressure created by an opposing attorney , and to not let these efforts impact one’s performance at a deposition.
The Rothman Law Firm has substantial experience with all stages of litigation, including depositions. We fully prepare our clients to be deposed, and ensure that we are successful in asking questions at depositions. If you are facing a deposition, or need assistance with any other legal matter, please feel free to contact The Rothman Law Firm to request a free legal consultation.