Deposition Facts: What to Expect if This Happens to You

You might have heard the term "deposition" before, but you may not be clear on what it means. This is a term that lawyers know very well since deposed individuals have to give sworn statements relevant to a case. Those statements might have to do with a car accident, a workplace injury, spousal battery, breaking-and-entering, a robbery, or other matters.

If you must appear for a deposition, you're probably unsure what to expect, and you might feel anxious. It's not going to be painful, though, as long as you tell the truth about what you saw.

Let's talk about what happens during depositions.

You'll Get Instructions on What to Do

The first thing to know about what happens during a deposition is that you're not usually in a courtroom when it occurs. Let's say that you must give car accident testimony. You will:

• Be told to appear in a specific place, and at a particular time

• Have to comply with that request

• Have to call off work, find a babysitter, or do whatever else is necessary to comply

You might feel irritated that you have to deviate from your usual routine to take care of this matter. Maybe the car accident or whatever else happened didn't even directly involve you.

You have little alternative but to appear and give testimony, though. If you don't, you're in contempt, and the judge could issue a bench warrant for your arrest.

Figure Out Where You Have to Go

Usually, a mailed notice will come telling you where you'll be deposed. It will likely be a conference room somewhere. The deposition:

• Is part of the discovery process

• Helps the two parties gather information before a trial

Once you get to where those involved are holding the deposition, they will swear you in. A court stenographer will take down everything you say. They also might tape what you're saying in some cases.

Do You Need to Have a Lawyer Present?

From a legal standpoint, you do not need a lawyer present when you deliver your deposed testimony. However, it might make sense to consult with one beforehand. They can instruct you on how the process is going to go.

The reality is that depositions are fairly straightforward. As long as you tell the truth as you remember it, you should be fine.

Think Carefully About What Happened Before You Speak

Your memories might matter a great deal in a trial context. Maybe you're directly involved with the lawsuit or legal proceeding, or perhaps it doesn't have anything to do with you. In either case, you must say everything you remember and leave nothing out.

If you deviate from the truth, embellish, or omit some critical detail, those involved might consider that perjury. What you say or what you leave out could mean the difference in who wins this case, so try to take it seriously.

Be Measured When You Respond

Don't worry about uncomfortable silences during the deposition. When those present ask you a question, answer it fully but concisely. If you're nervous, you might start babbling.

If they tell you to talk about what happened in your own words, do that. Try to leave out unimportant details.

You also need to respond verbally every time they ask you a question. Nodding your head or shaking it will not be sufficient.

What If You Don't Remember Something?

One of the worst things you can do during a deposition is to say that you remember something as happening a certain way when in actuality, you don't remember at all. Making up details does no one any good and can get you in serious trouble.

Don't feel bad if you can't remember something. Just say so, and the lawyers should have no problem moving on to the next question.

Control Your Temper

A lawyer might ask you a question that gets you angry. If that happens, try to control your temper. Take a couple of deep breaths, and don't get cute or flippant in your responses.

Don't argue with the lawyers. You might feel that they're mistreating you, but you gain nothing from a war of words with an attorney. They argue for a living, and you're not going to change their mind or improve your position.

Once you finish the deposition, you should be able to get back to your life. If the judge or the lawyers need you for anything else during the trial, they will contact you.

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