Depositions- Are You Ready???
June 23, 2020
What Is a Deposition?
A deposition is an opportunity for the opposing attorney to question you about pertinent documentation and/or facts about your case, and record all of your answers.
The answers to the questions can be used against you, should the case proceed to trial.
You have to prepare. If you do not prepare you will not be in the best place to win or defend your case.
Your lawyer needs to prepare you on how to answer questions, and the proper mindset required to answer questions. This is not an opportunity for you to tell your story to the opposing side, the other lawyer is not your friend, and they are not hired to hear your side of the story.
If you are told that you need to prepare for a deposition or trial, do what your attorney advises.
Point 1: Forget about what you have seen on TV- most of the things that happen on those shows are not accurate depictions of how hearings, and /or trials occur. Most hearings are nothing like Judge Judy or Judge Mathis. Rules of Evidence are in play, proper ways of asking and answering questions are in play, and paying attention to the question you were asked is EXTREMELY IMPORTANT. Everything you say can be used in a hearing or trial.
Point 2: Do not ramble. You are not being interviewed by a journalist. For the most part - the other side is not looking for your perspective, your feelings, or what you want. They are trying to find facts that can assist their client. PERIOD.
Make sure you show up for your pre-trial, pre-deposition appointments.