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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.
Form of question First off, counsel can object to the form of a question in a deposition. This doesn't necessarily mean that the question itself is improper. Rather, an objection to form refers to the way that it's being asked.
In many cases, questions that do not have to be answered fall into three categories: 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.
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.
Leading questions suggest the answer that you expect to get and literally ?lead? the witness. An open ended question does not suggest the answer. An Example: Assume that you are trying to establish that the deponent was stealing office supplies and that he knew that he should not have been taking those supplies.
What Is a Notice of Deposition? Witnesses are needed by a legal team to answer questions under oath pertaining to their knowledge relating to a lawsuit before the case is tried in the court. The law firm sends a document called a notice of deposition to the witness and all other parties involved in the lawsuit.
The Seven Do's and Don'ts of Depositions Be prepared with the facts. Witnesses can prepare to win or prepare to fail. Tell the truth. Do not lie. ... Take your time. ... Answer ?yes? or ?no? if that fits the question. ... Answer one question at time. ... Anticipate questions. ... Request a break.
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.