Depositions: The Do's and Don'ts

Do:

Don't:

1. Get a good night's sleep before.

1. Stay up all night before a deposition.

2. Dress comfortably but nice.

2. Eat spicy foods (or foods that may cause you indigestion or stomach upset) before a deposition.

3. Come to the deposition clean, using good hygiene.

3. Try to impress the attorney with your intelligence or understanding of the issues.

4. Eat a good meal before the deposition.

4. Argue with the attorney. Just answer the question.

5. Go over in your head what you know, what you saw, what you heard, etc., before the deposition begins.

5. Feel like you can't take a break if you need to. If you need a break, ask for one. Attorneys are always accommodating to a person needing a break.

6. Feel free to feel anxious about the deposition (though not nervous). It's normal to have a few butterflies.

6. Feel like everything is riding on your testimony. Rarely does one's case depend solely on your testimony without some other evidence or proof.

7. Feel free to ask for a glass of water or ask to take a break to go to the restroom if you need to.

7. Speculate or guess. You only answer the question asked, and not what you think they are wanting to ask you.

8. Say you don't know if you don't know.

8. Fidget, pick your nose, crack your knuckles, dig in your ears, or other annoying and disgusting acts (even if they are habits).

9. Say you don't understand the question if you don't understand the question.

9. Be short with the attorney or other party. You don't want to show the other side that you are a hot-head or arrogant - they may want to exploit that weakness at trial.

10. Ask the attorney to repeat the question if you are unsure of what he/she is asking.

10. Over-explain an answer. Answer the question and be quiet!

11. Feel free to take as much time as you need in reviewing documents that may be presented to you.

11. Interrupt anyone during the deposition. This is common courtesy, and you want the same respect.

12. Answer the question (unless otherwise instructed to).

12. Be afraid to say I don't know. If you don't know, you don't know.

13. Tell the truth (Always!).

13. Be afraid to ask the attorney to repeat the question if you don't understand it.

14. Understand that most questions asked are not a personal attack on your intelligence, memory, or credibility (even though it may seem so).

14. Be afraid to say you don't understand the question if you don't understand the question.

15. Answer the question completely but in the shortest manner possible. It's always best to answer the question and be quiet than to continue to explain for 5 minutes why you answered the way you did.

15. Feel pressured to snap out an answer in record time. You need to think about the question asked before you answer.

16. Understand that the more you talk, the more the other side is learning.

16. Suggest in an answer that you have additional documents or things that may answer the question, and that you are willing to provide it. This should be left to a decision made by you and your attorney in private.

17. Breathe. Relax.

17. Embellish. Simply state the facts as they are. Embellishing is the same as lying.

18. Speak clearly using proper English. The clearer your answer, the less likely they will be confused and ask other follow-up questions.

18. Try to out-think the other attorney. You are there to answer questions. It's not a chess match.