What to Expect During Your Deposition

What is a Deposition?

A deposition is the process of taking sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript as part of the pre-trial discovery process. Depositions are commonly used in litigation, and they are almost always conducted outside court by the lawyers themselves, without the presence of a judge to oversee the examination. [1]

Have you recently been involved in a legal case that required you to give a deposition?

If so, being prepared for your upcoming deposition in Oregon is vital. Understanding what to expect during this process can help alleviate any anxiety or confusion you may have. This article will explain the deposition process, providing valuable insights into the questions you might face and how to best prepare for a smooth experience.

Purpose of a Deposition

Depositions are a significant component of the legal system, serving various purposes in the pre-trial phase. Following are some of the key purposes of a deposition:

• Presenting Your Version of Events: A deposition allows you to present your version of events and provide your side of the story.
• Clarifying Your Testimony: It allows you to clarify and expand on the information you’ve already provided, ensuring that your testimony is accurately recorded.
• Understanding the Case: Participating in a deposition can help you understand the strengths and weaknesses of the case and the nature of the evidence being presented.
• Preparing for Trial: It allows you to become familiar with the deposition process, which can help you feel more prepared and confident when testifying at trial.
• Providing Key Information: Your deposition testimony can help build your attorney’s case by providing the necessary information and evidence supporting your position.
• Preserving Your Testimony: If you cannot testify at trial, your deposition testimony can be used as relevant evidence at trial, preserving your account of the events for the court to consider.

Purpose of a Deposition

Depositions are a significant component of the legal system, serving various purposes in the pre-trial phase. Following are some of the key purposes of a deposition:

• Presenting Your Version of Events: A deposition allows you to present your version of events and provide your side of the story.
• Clarifying Your Testimony: It allows you to clarify and expand on the information you’ve already provided, ensuring that your testimony is accurately recorded.
• Understanding the Case: Participating in a deposition can help you understand the strengths and weaknesses of the case and the nature of the evidence being presented.
• Preparing for Trial: It allows you to become familiar with the deposition process, which can help you feel more prepared and confident when testifying at trial.
• Providing Key Information: Your deposition testimony can help build your attorney’s case by providing the necessary information and evidence supporting your position.
• Preserving Your Testimony: If you cannot testify at trial, your deposition testimony can be used as relevant evidence at trial, preserving your account of the events for the court to consider.

What to Expect During the Deposition Process

The deposition process is a significant component of legal proceedings, offering a structured method for obtaining information and testimony under oath from witnesses outside the formal courtroom setting. Here is an overview to help understand the deposition process:

• Scheduling: Attorneys from both sides coordinate to schedule the deposition. A neutral location is chosen, often a law office or court reporter’s office.
• Participants: The key participants include the deponent (witness), attorneys representing each party, and a court reporter. In some cases, a videographer may be present to record the deposition.
• Oath and Record: The court reporter administers an oath before trial to the witness. The entire deposition is then recorded verbatim to create a written transcript.
• Questioning: Attorneys take turns questioning the witness. The scope can cover a wide range of topics relevant to the case. The deponent is expected to answer honestly and to the best of their knowledge.
• Objections: The lawyer may raise objections during the deposition, similar to a courtroom setting. These can be based on relevance, privilege, or other legal grounds.
• Breaks and Clarifications: Depositions can be lengthy, and breaks may be taken as needed. Witnesses also have the opportunity to review and make corrections to their testimony before signing the deposition transcript.

Types of Questions You Can Expect During a Deposition

During a deposition, questioning attorneys may employ a series of questions to elicit information and build their case. Here are some common types of deposition questions you can expect:

• Fact-finding Questions: These seek to establish information by asking basic questions related to the case, such as names, dates, and locations.
• Background Questions: Background questions aim to gather information about your personal and professional background, including education, employment history, and medical history.
• Case-specific Questions: These questions focus on the case’s specifics, such as incidents, conversations, or events related to the legal matter.
• Opinion Questions: Lawyers may ask detailed questions to collect your opinions or conclusions based on your knowledge or expertise in a particular area.
• Hypothetical Questions: These may present hypothetical scenarios to test your understanding or elicit your professional opinion on a given situation.
• Admissions and Credibility Questions: These leading questions are designed to probe inconsistencies, assess your credibility, or obtain admissions related to the case.

Tips to Prepare for a Deposition

Preparing for a deposition is crucial to ensure a confident and effective presentation. Here are some tips to help you prepare:

• Review your Case: Familiarize yourself with the details of your case, including relevant documents, timelines, and key events.
• Meet with Your Attorney: Discuss the deposition with your attorney to understand their strategy, potential questions, and how to present your case best.
• Practice with Mock Depositions: Conduct mock depositions with our attorney playing the role of the defense attorney. It helps you become familiar with the questioning style and improves your responses.
• Refresh your Memory: Review key documents, records, or evidence related to the case to refresh your memory on specific details.
• Know your Statements: Be aware of any prior statements you’ve made, including written statements or testimony, to ensure consistency in your responses.
• Anticipate Questions: Work with our attorney to anticipate potential questions that may be asked during the deposition. Practice your responses to be more comfortable and articulate.
• Practice Relaxation Techniques: Depositions can be stressful. Practice relaxation techniques such as deep breathing to stay calm under pressure during cross-examination.
• Dress Professionally: Choose professional attire to convey a serious and respectful demeanor during the deposition.
• Bring Water: It’s always a good idea to bring a bottle of water to stay hydrated during a lengthy deposition.
• Listen Carefully: Pay close attention to each question, and take a moment before responding to formulate clear and accurate answers.
• Stay Calm and Collected: Maintain composure, even if faced with challenging or irrelevant questions. A calm demeanor enhances your credibility.
• Ask for Breaks if Needed: If the deposition is lengthy, don’t hesitate to request breaks to collect your thoughts and refresh.
• Review Deposition Rules: Understand the rules and guidelines governing depositions in your jurisdiction to ensure compliance and proper conduct.
• Bring Necessary Materials: Bring any documents or materials requested by your attorney, and be organized with your notes and relevant information.
• Consult with Your Attorney During Breaks: Consult with your attorney during breaks to address any concerns or receive guidance.

Deposition Pitfalls to Avoid for a Smooth Process

Some common pitfalls that you want to avoid during a deposition include the following:

• Don’t Guess: If you’re uncertain about an answer, it’s better to admit that you don’t know rather than guess.
• Don’t Volunteer Information: Answer only the questions asked and avoid providing unnecessary details that could potentially harm your case.
• Don’t Argue with Attorneys: Maintain a professional demeanor and avoid arguing with opposing counsel. If you disagree, express your disagreement calmly.
• Don’t Interrupt: Allow the attorney to finish their question before responding. Interrupting can create confusion and may not reflect well on your conduct.
• Don’t Bring Unnecessary Documents: Avoid bringing personal documents or materials irrelevant to the case unless requested.
• Don’t Speak Too Quickly: Speak moderately to ensure accurate transcription and comprehension of your responses.
• Don’t Speculate: Give direct answers to the questions and avoid speculating or offering opinions beyond your knowledge.

Source:

[1] Deposition (law). (2023, June 9). Wikipedia. https://en.wikipedia.org/wiki/Deposition_(law)

Original Author: James Loren - Goldberg & Loren Law