This form, titled "Your Deposition - A Client's Guide to Their Deposition by Opposing Counsel," serves as a comprehensive guide for clients preparing for a deposition. It outlines the deposition process, emphasizing the importance of answering questions accurately and the need to be mindful of how responses can impact the case. Unlike a trial, a deposition can set a foundation for later testimony, making this guide an essential resource for anyone facing this situation.
This form should be used when a client is scheduled for a deposition in a legal case. It is particularly valuable in civil lawsuits where the opposing party seeks to gather information. This guide helps clients understand the expectations and behaviors that will support their case while navigating the deposition process.
This guide is designed for:
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.
No. You do not need to serve opposing counsel with copies of your trial subpoenas.
Given civil procedure rules allowing liberal discovery, it is not unheard of for a party to assert that it must depose opposing counsel during the course of litigation. In that circumstance, the general rule of liberal discovery collides with the bedrock value of adversarial adjudication.
Any party to the case can be deposed during the discovery phase. A party can be either a person or an organization. In the event that the party is an organization, employees or other people with knowledge of the events may be deposed.
Never Guess to Answer a Question. Avoid Any Absolute Statements. Do Not Use Profanity. Do Not Provide Additional Information. Avoid Making Light of the Situation. Never Paraphrase a Conversation. Do Not Argue or Act Aggressively. Avoid Providing Privileged Information.
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.
Prepare. Tell the Truth. Be Mindful of the Transcript. Answer Only the Question Presented. Answer Only as to What You Know. Stay Calm. Ask to See Exhibits. Don't Be Bullied.
Point out Common Ground. Don't be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Don't Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
A lawyer is not prohibited from calling another party's attorney or another member of the party's attorney's firm as a witness, either in discovery or at trial, where such attorney may have unprivileged knowledge relevant to the case or unprivileged knowledge reasonably calculated to lead to the discovery of admissible