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During a deposition, the opposing counsel typically asks questions to the witness. For example, if you are being deposed, the defendant's attorney will typically be questioning you. Your own lawyer may follow up with some of their own questions.
The notice of deposition is a formal letter to the opposing party providing them with specific details about when and where it will take place, who will be present, what documents or other evidence they plan to use during the questioning, and which potential witnesses will testify.
JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.
The more your client is familiar with the procedure, the more effective she will be at her deposition. Start with the basics. ... Explain what a deposition is. ... Explain admonitions. ... Review requests for production of documents. ... Don't try to win the case. ... Exception to the ?don't try to win the case? rule. ... Tell the truth.
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.