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Lawyer Preparation Identify Key Issues in the Case. Don't go to the deposition without first clearly identifying the key issues in the case. ... Determine Objectives for Each Issue. ... Build Deposition Outline and Divide Into Individual Chapters. ... Copy Documents That Support Each Chapter. ... Research the Witness.
Deposition DON'Ts: Guess or speculate. ?I don't know? or ?I can't remember? is acceptable. Be anxious or stressed out. It will affect what you say and how you appear. Be defensive or angry. Never argue with the attorney. Offer information not requested. ... Talk too much or ramble. ... Talk too little. ... Be too extreme.
A deposition will not automatically lead to a settlement offer. If either side requires additional information, interrogatories (written questions and answers) could follow.
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.
Using terms like ?never? and ?always? in your deposition answers may do more harm than good. Answering questions with these terms may make it sound like you are being definitive about various topics. On the other hand, doing so may make you seem stubborn and unwilling to adapt or negotiate with an opposing party.