What is a Deposition?
A deposition is a series of answers that you will give to questions asked by the opposing attorney who is interested in finding out things about you and the facts of your case.
You should make a complete, honest and frank disclosure of anything you are asked, but do not volunteer any information you are not asked. Questions should be answered without any unnecessary explanations and as briefly as possible; a simple yes or no is preferable.
The deposition does not take place in a courtroom; neither a judge nor a jury will be present, however your attorney will be present throughout the entire procedure.
Whatever you say will be transcribed by the court reporter and may be filed in your case. You, your attorney, and the opposing attorney will receive a copy of the questions and answers. At any subsequent hearing or trial the opposing counsel will be able to confront you with answers from your deposition, if appropriate.
Personal Appearance and Conduct
Your dress and appearance should be neat, clean and conservative in style. You should be polite during the deposition and treat the other attorney with respect and courtesy, regardless of their attitude or treatment of you.
Answering the Questions
Take all of the time necessary to completely understand the question before you give your answer. If you do not know an answer admit it; your deposition is not an intelligence test.
Some of the answers you give will not be admissible at the trial, but the opposition is entitled to an answer in order to help them prepare their case. However, if you have not told the truth your false answers can be shown to the Judge.
Prior Personal Life
Before the deposition, please make sure you are open and honest with us regarding your personal life. We need to know if you have ever been convicted of a crime and any other matters concerning prior divorces or personal problems. Anything that you say to your attorney is absolutely confidential. We must know the full picture, however, so that we can adequately represent you.
You are the most important aspect of your lawsuit
If you give the appearance of earnestness, fairness and honesty, you will be taking a great stride toward successful and satisfactory completion of the litigation.
What you do at the deposition can help you or hurt you depending on your attitude, truthfulness and appearance.
Many cases are lost because the witness tried to hide something.