How to Give an Excellent Deposition as a Plaintiff
The plaintiff's deposition can be a major piece of evidence in a civil trial and is testimony given under oath. A court reporter will take down all testimony and provide a transcript; the transcript can then be corrected by both the plaintiff or her attorney as well as the defendant or his attorney. If you are the plaintiff, remember that this is not evidence for your case; it is the chance for the defendant to discover evidence to use at trial, and the defendant's attorneys will do their best to set traps that can be used to their benefit later. Learn how to give a deposition without providing the other side ammunition, and always listen to the advice of your attorney.
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Instructions
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Prepare for the deposition by going over the facts of the case with your attorney and conducting practice sessions with an attorney acting as the defendant's attorney. This will make you aware of potential weaknesses in your testimony and mistakes to avoid while testifying. Do not keep copies of taped practice sessions; these may be called into evidence later.
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Answer questions as precisely as possible. Do not volunteer information, even if you think it will help your case. It may lead to new lines of questioning you had not expected and are not prepared for.
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Refer to your notes if you are confused about certain facts, such as the date or time an event occurred.
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Face the court reporter and speak clearly and slowly so your testimony is taken down as accurately as possible. It may be difficult to challenge a mistake later, and one mistake in your deposition transcript may affect your case significantly.
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Take breaks when a question confuses you. Step out of the room with your attorney and discuss the appropriate answer. Do not confer with your attorney within earshot of others; your statement may find itself into the record.
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Review and correct the transcript of your deposition with your attorney before you approve it. You may spot mistakes your attorney would miss.
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Tips & Warnings
Stay calm and do not react to what you may consider baiting by the opposing attorney. Showing anger or sarcasm may affect your case and may reveal information harmful to your case.
Dress professionally and be well-rested before the deposition.
Do not guess. If you are asked about a distance or elapsed time, don't hazard a guess unless you know the answer for a fact. The difference between 10 feet and 15 feet may be the difference between winning and losing, and police reports, medical records and the like will provide that information; your guess cannot help you and can hurt you.
Do not lie or exaggerate. This is your sworn testimony and can be impeached at trial if it is factually wrong.
Do not speculate or ascribe motives to others. You are not a mind reader, so do not offer replies to questions such as, "Why do you think the defendant acted in this way?" If you don't know the answer to a question for a fact, say so.
References
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