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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.
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.
Think before answering. Listen to the entire question and think about it before answering. By waiting for the entire question to be asked and not jumping in with an answer to what you think is the question, you will not mistakenly give away information that the other attorney was not actually asking about.
The result is a written record known as a transcript, which will be used (or misused) by the lawyers when the actual trial occurs. Therefore, the most important task for a witness in a deposition is to keep the transcript clear and accurate.
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.