Step 3: Deposition Basics

Now that you know how to answer questions using your Rights, here are some common questions we get about depositions generally.

In criminal cases—where someone has been accused of breaking the law—there is not much that happens before trial. Trial is the place where everything happens.

In civil cases–like this one–that’s not true. In a civil case like this one, each side’s attorney gets to ask witnesses questions under oath. This is the other side’s chance to ask you questions before trial. This means that by the time the case gets to trial, both sides have a very good idea what the case will look like.

Remember, this is the other side asking you questions so they can learn information. This is not the same thing as trial. Trial is our chance to tell the story and win the case.

The deposition is the chance for the attorneys to discover information.

Your answers will be guided by the questions that the other side asks you. If the attorneys do not ask you the right questions, that’s their loss. It does not prevent you from saying what you need to say at trial.

One of our attorneys will be at the deposition with you, while the attorneys for the other side will ask you questions. (There will be one attorney for each “set” of defendants, so there may be just one, or more than one, depending on the case).

A court reporter will type the entire conversation into a booklet called a transcript.

There will not be a judge at the deposition.

But remember, our role is very limited during the deposition. Our attorney is basically there to make sure that the attorneys do not ask you questions that are completely out of line.

We will most likely not ask you any questions at the deposition. We do not need to. We’ll still be able to ask you to testify at trial and tell your story fully.

You may hear me object from time to time. If you hear me object, don’t try to read into the reason for the objection. There are certain kinds of questions where the question needs to bed formed a certain way. I need to make the objection now in order to preserve the objection for trial. Unless I instruct you not to answer the question, you will still need to answer the question.

But the objection is not intended to be a kick under the table or a signal you to do something differently.

Do not read into the purpose of the deposition. Don’t even pay it much attention.

At trial, there are very specific rules of evidence that limit what can be asked or said.

For example, repeating what other people said in order to prove what they said is true (“hearsay testimony”) is usually not allowed at trial.

For the most part, those rules do not exist at a deposition.

At your depositions, the attorneys can ask you pretty much anything they want, even things that don’t seem like they have anything to do with the case. That can include questions about where you grew up, went to school, where your parents were raised, what your job is like, and whatever else they want.

Although this may be frustrating at times, remember, just because you are asked about something in your deposition does not mean it will ever be mentioned at trial.

Some lawyers try to make people uncomfortable by prying (or they’re just rude or thoughtless people). Do not let it get to you. Just assume there will be random, dumb, irrelevant, or otherwise frustrating questions you’ll be asked.

Depositions can take a long time, and sometimes you have to wait around for your deposition to begin. Depositions can take hours from start to finish.

You should bring a small snack like a granola bar, fruit, or anything you need to get through the deposition. (Also try and keep your normal sleep and eating schedule–don’t skip breakfast if you’re a breakfast person, for example–since it’s hard to focus when you’re hungry or tired.)

You should also bring water or something to drink because you will be doing a lot of talking.

Other than that, you should not bring anything to the deposition unless you have been instructed to do so. This means no notes, no journals, nothing.

A deposition is a legal proceeding. You should dress like you would if you knew you were going to be observed by a judge and a jury. That means no t-shirts or jeans.

You should also make sure that you are going to be comfortable for several hours. That means that you shouldn’t try to cram yourself into a suit you haven’t worn in 10 years (and 40 pounds).

Imagine what you would wear if you were asked to go to a nice dinner with your in-laws you are a meeting for the first time. You would dress nice, but you would also be comfortable. Anything that fits this description is fine.

Be yourself, but a nice, friendly version of yourself. You should always be pleasant. Even if you get frustrated or angry, do not yell or get angry. If the questions or topics make you sad, be sad. That’s absolutely fine. Just do not get rude, defensive, or argue with the lawyers.

Always be more polite than the lawyers. If you happen to get a rude or mean lawyer, stay nice. Let them be rude. They’ll hate that you do not let it get to you. If a lawyer raises his voice with you, it probably means you are doing very well. You should then be even nicer.

If you’re arguing with the lawyer, you’re probably not doing a great job.

However–and this is a big one–the lawyer is not there to do you any favors. Remember that. You never want to get so comfortable that you stop paying attention. It’s easy to be lulled into agreeing with all of the lawyer’s questions when they’re nice and friendly. You still need to make sure you’re listening and giving honest and complete answers.

Often people are nervous about what they should or shouldn’t say.

Here’s the secret: answer the question, honestly.

Just the question you’re being asked.

Then wait for another question.

If it’s the answer to the question you’re being asked, say it.