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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.
The survey found that while there are no official rules in California, respondents agreed that an attorney can talk generally to a client over a short break, lunch or extended recess, but should not discuss a matter other than privilege while a question is pending.
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.
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 fully. ... Answer one question at time. ... Anticipate questions. ... Request a break.
At the appropriate time in the trial, rise and say: ?Judge, I would like to now read the deposition of Witness Smith into evidence. John Jones will help us by reading the answers given by Witness Smith at his deposition.
Go over where and when the deposition will take place, who will be present and why, and the role of the court reporter and the videographer (if the deposition will be videotaped). Also, explain the oath. Explain what a deposition is. Describe what a deposition is so that your client is familiar with the basic process.
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.
A party may depose any person who has been identified as an expert expected to testify when the expert interrogatory has been responded to by the other party.