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What Should You Not Say During a Deposition? Guessing or Speculating on Things. ... Saying Things Out of Anger. ... Rambling. ... Speaking in Absolutes. ... Stick to the Facts. ... Take Your Time When Answering Questions. ... Use ?Yes? or ?No? Answers Whenever Possible. ... Get Through Each Question on Its Own.
Deposition DO's: Deposition DO's: Be prepared with the facts. Witnesses can prepare to win or prepare to fail. Tell the truth. Do not lie. ... Take your time. A calm approach gives you more poise and control. Answer ?yes? or ?no? if that fits the question. ... Answer one question at time. ... Anticipate questions. ... Request a break.
How to Handle a Deposition: Advice from an OMIC Defense Attorney Tell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.
In many cases, questions that do not have to be answered fall into three categories: Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). ... Privileged information. ... Irrelevant information.
Key takeaways Take your time. Make sure that you understand each question being asked. Pause. Give your attorney a chance to object. Remember that trial, not deposition, is your opportunity to prove your case. Finally, do not speculate.