The following suggestions will help you to give a successful deposition:
- Prepare for your deposition by reviewing and providing necessary documents and talking with your lawyer.
- Get a good night’s sleep the night before. Eat a meal with protein to sustain your energy, as the length of depositions can vary.
- Arrive early for your deposition so that you have time to get comfortable with your surroundings.
- You are going to be asked questions about matters you know about. Your deposition is likely to begin with routine matters such as your educational and work history.
- Wait for the attorney to ask the question before you start answering. Though normal conversations have interruptions, depositions are not normal conversations. The court reporter will have trouble typing with two people talking at the same time. More importantly, you will not really know what the question is until you have heard the whole question.
- Wait until the question has been asked before you start thinking about your answer.
- Repeat the question silently in your head before answering. This gives your attorney the chance to object to the question, if necessary. It also allows you to make sure you understand the question before you answer it.
- Listen carefully to each question and answer it as asked. Do not try and anticipate what the asking attorney is “really getting at.” Each question may be plucked out of the deposition and should, if possible, be able to be understood in its own right. So answer each question concretely, without assumptions.
- If you do not understand the question clearly, ask the speaker to repeat or rephrase. Do not try to answer what you think was asked.
- Answer the question directly. If the question calls only for “yes” or “no,” provide such an answer.
- Do not volunteer information. If the lawyer wants to elicit more information, he or she will do so in following questions.
- Tell the truth, including whether you have met with an attorney or discussed preparation for the deposition.
- Stay calm. Your spouse’s lawyer will be judging your credibility and demeanor. Do not argue with the attorneys. Take your time and carefully consider the question before answering. There is no need to hurry.
- If you do not know or cannot remember the answer, say so. That is an adequate answer.
- Do not guess.
- If your answer is an estimate or approximation, say so. Do not let an attorney pin you down to anything you are not sure about. For example, if you cannot remember the number of times an event occurred, say that. If the attorney asks you if it was more than ten times, answer only if you can. If you can provide a range (more than ten but less than twenty) with reasonable certainty, you may do so.
- If an attorney mischaracterizes something you said earlier, say so.
- Speak clearly and loudly enough for everyone to hear you.
- Answer all questions with words, rather than gestures or sounds. “Uh-huh” is difficult for the court report to distinguish from “unh-unh” and may result in inaccuracies in the transcript.
- If you need a break at any point in the deposition, you have a right to request one. You can talk to your attorney during such a break.
- Discuss with your lawyer in advance of your deposition whether you should review the transcript of your deposition for its accuracy or whether you should waive your right to review and sign the deposition.
- Remember that the purpose of your deposition is to support a good outcome in your case. Completing it will help your case to move forward.