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DEPOSITION INSTRUCTIONS FOR WITNESSES

Under present day rules of law, the parties to a lawsuit have the right to take what is known as a “discovery deposition” of the opposing party or parties or witnesses. This means that the person being deposed - including you - may be required to appear at a specified place and time and answer the opposition's questions under oath. Testimony given at a deposition is recorded and will likely be used to one extent or another in court should the matter go on to trial.

When you are called upon to give your deposition, it is an opportunity for you to enhance or cripple the case depending upon your truthfulness and appearance. Opposing counsel will usually have its first opportunity to see you at your deposition. During the course of that deposition, that attorney will be looking you over carefully in an attempt to ascertain what sort of witness image you are likely to project should the matter go to trial. If a witness is appealing (in a legal sense), then the opposition is more likely to try to settle the matter out of court. And, of course, the opposite is also true. On the other hand, it is prudent to keep in mind that this will also be an opportunity for us to assess your value as a witness. It will provide an excellent opportunity for us to see your weak points, your strong points, and the best means for enhancing or detracting from them.

Generally speaking, an appealing witness is one who:
    1) Always tries his/her best to tell the truth;
    2) Is respectful of others in the room;
    3) Is prepared to describe relevant injuries;
    4) Has not attempted to memorize a fixed story;
    5) Is confident about the legal process;
    6) Is clean and well groomed without extremes of any kind;
    7) Speaks clearly;
    8) Asks for clarification of misunderstood questions;
    9) Does not lose one's temper;
    10) Answers the question concisely and then stops talking;
    11) Volunteers no information beyond the question asked;
    12) Does not try to amplify or exaggerate injuries;
    13) Is not afraid to state that one does not know an answer.
    14) Never guesses at an answer; says "I don't know" or "I don't remember" if necessary.
    15) Always tries his/her best to tell the truth;

You should prepare for your deposition by taking the time to review all disclosures, answers to interrogatories and important documents (accident report, medical records/bills, photos, etc.). It is often a good idea to visit the scene of the accident in order to fully understand every dimension involved - speed, distances, etc. You can also review any notes you may have made regarding the accident.

Try not to answer questions as quickly as they are put to you. Take your time to reflect upon the question to insure you fully understand it. Remember that while a deposition is being recorded on paper, there is no way to tell how long a person took to actually answer the question. In this regard, a deposition is unlike an actual trial where every nuance of a witness' demeanor is being scrutinized. The deposition will allow you an excellent time to practice establishing your own rhythm of questioning. This is terribly important because by forcing your own speed, the thought processes of the opposing attorney are frequently disrupted. Perhaps the single most important deposition advice you can get is this: Take your time to fully consider each and every question, and when you are satisfied that you understand the question and know the answer, state your answer as simply and succinctly as possible. Give a “yes” or a “no” answer whenever applicable, and never volunteer anything. Avoid prefacing your answers with phrases such as “Now, let me think . . .,” “Perhaps I should have said . . . ,” “Let me try to think . . .,” etc. It is better to say nothing until you are sure of your response and then answer “straight from the shoulder.” Carefully distinguish between cases where you can't “remember” and those where you “don't know.” Say precisely what you mean and nothing more.

Perhaps the single most important trait that you should convey is that of honesty. If you make a mistake, consult immediately with your attorney who can best advise you as to the most effective way to correct the error. If you don't know an answer, say so. If you have to guess or estimate, do so only after you expressly state that is what you are going to have to do in order to answer the question. Guesses and estimates are generally due to inadequate preparation. In our preparation for the deposition here in the office we will be reviewing with you not only the facts of the case, but basic dimensions that are relevant to all similar cases. Conveying your honesty and your earnestness in trying to be fair will go a long, long way toward an equitable and swift resolution of your lawsuit.