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2. If you don’t understand the question clearly, ask for clarification before answering. Don’t say, “if you mean,” then . . . STOP AND ASK FOR CLARIFICATION BY SAYING I DON’T UNDERSTAND THE QUESTION. PLEASE CLARIFY.
3. Never guess or speculate. “I cannot recall” is a perfectly legitimate answer.
4. After listing to the question, take time to digest it before answering; don’t rush. Pausing gives me a chance to object and you a way to throw off the other side’s rhythm.
5. Don’t volunteer information not expressly and directly solicited. This can open the door to information we don’t want to get into during a deposition. If you can answer with a yes or a no, do so, and at a minimum, don’t get into lengthy “story telling.”
6. You will be asked “trick” questions. Those contain an asserted fact that is not true, and the lawyer is trying to get you to answer the question in a way that you admit the fact. The question will be asked in such a way that you really want to answer it but should, instead, stop and disagree with the assumed fact and not answer the remainder of the question.
7. Always tell the truth
8. If exhibits are presented to you at the deposition, spend as much time as you need to fully read them before answering a question, even if that takes 15-20 minutes or more. Don’t let the attorney rush you.
9. If you need a break, ask for one. You may be required to answer the outstanding question first.
10. Deposition may be videotaped upon proper notice, so do not let that through you. I know you always wanted to be a TV personality (ha ha). Video doesn’t really pose any additional considerations except to avoid facial expressions or mannerisms that might reflect badly on tape. In other words, stay calm and poised and you will be fine.
11. I may make objections periodically. You may and should answer the question after I object unless I specifically instruct you not to answer.
12. Remember, this is discovery, not trial. Attorneys have greater latitude to ask questions here than they will at trial, and that is generally ok.
MOST IMPORTANTLY, REMEMBER THAT NO SINGLE DEPOSITION WINS OR LOSES A CASE, SO PREPARE BY REVIEWING RELEVANT ITEMS I SEND YOU AND DO YOUR BEST.
DISCLAIMER:
The forgoing is intended for general education purposes only, and is not intended as legal or other advice or given for the purpose of seeking legal employment.
It is recommended that you consult with a bord-certified construction attorney about your particular situation.