Under our law, the opposing lawyer has the right to take your deposition. This means that you will be put under oath, just as you would be in court, and he will ask you questions relating to the case. His questions and your answers will be taken down by a court reporter. One of your lawyers will be present.
The purpose of the deposition is to pick the mind of the witness of all the facts which he may have in his possession which will assist the lawyers in the preparation and trial of the lawsuit. The lawyers will also use the deposition to: 1) evaluate how you will appear to a jury; and 2) determine the settlement value of the case.
There will be no judge or jury present. After the deposition is over, the reporter will type the questions and answers, and all parties will receive copies. The original will be filed with the court.
Your deposition when properly given can go a long way in assisting your lawyer in handling your litigation either by way of settlement or at the trial. What YOU do at the deposition can help you or hurt you, depending upon your attitude, truthfulness and appearance.
If your case goes to trial this deposition can be used at the trial in cross-examination by the other lawyers if your testimony at trial differs from your testimony at the time of the deposition.
It is extremely important, therefore, that you have everything in mind about the case at the time of the deposition. We will review the case with you before the deposition, but it is helpful if you refresh your recollection before you meet with us.
PRE-DEPOSITION RECOMMENDATIONS:You should remember that usually the first opportunity that the opposing counsel has to see you comes at the time of the giving of the discovery deposition. It is important that you make a good impression upon opposing counsel and his client and you should appear at deposition time dressed as you would expect to dress if you were actually going to Court to appear before the jury.
We know that you would not deliberately state a falsehood, but it is important that you not be trapped into something that is not true. For this reason, LISTEN TO EACH QUESTION CAREFULLY AND BE SURE THAT YOU UNDERSTAND IT BEFORE ANSWERING. If you do not understand a question, ask the other lawyer to repeat it or rephrase it so you do understand it. When you understand the question, then answer it honestly and in a straightforward manner. If you don't know the answer, say that you don't recall. No one can remember every minute detail. However, the important things you will remember and you should give an honest and full answer to questions on these points.
In a lawsuit, as in all other matters, honesty is the best policy. Telling the truth requires that a witness testify accurately about what he knows. If you tell the truth and tell it accurately, nobody can cross you up. Never guess at an answer.
In a deposition, many of the Rules of Evidence are different than at trial; DO NOT concern yourself with these matters; your lawyer is protecting your rights.
CONCLUSIONREMEMBER: PERHAPS THE MOST IMPORTANT ASPECT OF YOUR LAWSUIT IS YOU AND THE APPEARANCE YOU MAKE. IF YOU GIVE THE APPEARANCE OF EARNESTNESS, FAIRNESS, AND HONESTY AND IF IN GIVING YOUR DISCOVERY DEPOSITION YOU KEEP IN MIND THESE SUGGESTIONS, YOU WILL BE TAKING A GREAT STRIDE TOWARDS SUCCESSFUL AND SATISFACTORY COMPLETION OF THE LITIGATION IN WHICH YOU ARE INVOLVED. Before the deposition you will have the opportunity to meet with your lawyer, to go over the suggestions contained in this letter, and to ask any questions you may have.
We hope this information has been of help to you in understanding what a deposition is and how important it is to your case.