What is a deposition?  The purpose of a deposition is to find out what you,as a witness,know about the issues on the case.  The information you provide helps the attorneys on both sides prepare for a trial of the lawsuit.  Depositions are also used to access your credibility and demeanor before the trial.  Sometimes,your testimony during a deposition may merit a settlement.

All statements you make are under oath and transcribed into written form that will later be made available as testimony during the trial.

Preparing for a deposition It is important to know what is expected of you rather than trying to figure it out during the deposition.

The key to performing well under a deposition is to prepare well and be prepared for the procedure.  You and your attorney should always meet prior to the deposition to discuss the case and make preparations in regards to supporting documentation or other items that may be needed during the deposition.  Your attorney's objectives with the deposition should be clarified.  Attorneys often request documents a week before they are needed and during your preparation, these will probably be reviewed.

Sometimes, your attorney will take you through a mock question-and-answer session so you will feel less uncomfortable during the actual deposition.

The day of the deposition.  Generally, the party setting the deposition is entitled to select the location which may be at the office of the plaintiff's attorney or, if video-taping is required, at a location providing these services.

Conservative attire is recommended.  Avoid looking disheveled.  If the session is to be videotaped, the tape may be played for the jury later.  Your attire, attitude, and body language will be of great importance.

Be on time.

During the deposition. First, during the entire deposition, you always have the right to consult counsel.  If at any time you are unsure of anything, it is your right and your attorney's job to provide you with assistance.

Image of black bullet Listen carefully to questions.  You can pause before answering to make sure you understand the question.
Image of black bullet If you are unclear about the question, you can ask to have it re-phrased.  Don't guess at the meaning of a question, but make sure you are clear as to what is being asked.
Image of black bullet Tell the truth.
Image of black bullet Be respectful
Image of black bullet Unlike a written discovery, opposing attorneys can spring questions that may put you in an uncomfortable position.  While your attorney is usually present, you may have to answer those questions without help.
Image of black bullet Never argue or lose your temper, take deep breaths and try to relax your muscles.
Image of black bullet You must answer out loud, and not shake your head "yes" or "no".
Image of black bullet Speak slowly and clearly.
Image of black bullet Answer all questions concisely.  Your attorney may warn you against providing unnecessary information.
Image of black bullet If you do not know the answer to a question, admit it.
Image of black bullet Avoid casual conversation with anyone other than your attorney.
Image of black bullet Keep your voice low except when answering questions.
Image of black bullet It is possible that you may be questioned in matters you consider private or personal.  If you have a question whether you should divulge certain information, consult your attorney before answering the question.
Image of black bullet If your attorney objects that a question is vague, confer with him.  If he instructs you not to answer, don't.
Image of black bullet If you experience fatigue or get emotional, you can request a break.
Image of black bullet If you realize you mad a mistake, confer with your attorney and ask if you can correct it during the deposition.
Image of black bullet Try to avoid becoming frustrated with detail oriented and redundant questioning.
Image of black bullet If you are unsure of times, measurements or dates, give bracketed estimates.
Cases have been lost when witnesses are fidgety, argumentative, appear disheveled, forget information, are arrogant or flippant, who loose their temper, joke around, change answers frequently or give inaccurate information.
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Link to Trotter Agency Home page Services provided by Trotter Agency, serving St. Johns, Putnam, and Flagler Counties Details on how to prepare for a deposition. Fill out the form to request a court reporter. Send an E-mail  to Trotter Agency
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Trotter Agency, Court Reporters located in St. Augustine, FL. Serving St. Johns, Putnam, and Flagler Counties.