Top 10 Tips when Preparing for a Deposition
If you were called for a deposition or an EBT, examination before trial, as we call it in New York, you’re nervous. I have 10 tips for you that apply to any type of deposition, whether it’s personal injury or otherwise, to help get you through your deposition. These are not specific items that relate to your particular case, they are general suggestions.
Jim’s 10 Tips
1. Dress Appropriately:
Dress how you would appear in front of a jury. Dress to impress.
2. Review Potential Questions with you Attorney: A common question is,” Did you review your testimony with anyone before you testified? The answer is YES, I reviewed it with my attorney. What you discussed with your Attorney is confidential.
3. Don’t bring anything: Anything that you review, the other side is entitled to see.
4. LISTEN and Only Answer What You Have Been Asked: It sounds easy. It’s not as easy when you are nervous.
5. Do Not Volunteer Information: You are not there to prove your case or try your case. You are only there to answer questions that are appropriate. Just answer what you’ve been asked. Don’t volunteer.
6. Don’t Stone Wall: You are not there to block the other side from getting information. They’re entitled to information. You have to provide it.
7. A Deposition is Not a Trial: The deposition is for both sides to get information. You will have your opportunity to try your case in court.
8. Don’t Guess: Tell the truth! Most questions are pretty simple and straightforward. Don’t look behind the questions and don’t give an answer if you aren’t sure or can’t give an estimate.
9. Take Breaks: Why? It makes your testimony flow better, gives you a chance to re-focus and come back and give appropriate answers.
10. Make Corrections: You will have an opportunity to make corrections to the transcript once you receive it. So take that opportunity. When your attorney gives you the transcript, look it over, make notes and go back to your attorney to discuss changes that need to be made.
A deposition may be intimidating. After reviewing my points, hopefully you will feel more prepared. The deposition is an important aspect all cases. Prepare and you will be confident and in charge of your deposition.
James F. Leonick
Leonick Law, P.L.L.C.
TEL: (631) 486-9500