You accept been alleged aloft to accord affidavit affidavit via deposition. Thorough alertness on your allotment is essential. Following are answers to frequently asked questions forth with some tips and tricks to accomplish your degradation go smoothly.
- What is a deposition?
A degradation is the action of giving affidavit testimony. It is an befalling for a advocate to appraise a attestant or affair beneath oath.
- Who can be deposed?
Any getting (or entity) with ability of accountable advice apropos the lawsuit.
- Why is a degradation important?
A degradation allows a affair to:
- Pin down addition affair or a witness.
- Eliminate surprises at trial.
- Acquisition added assemblage or evidence.
- Preserve affidavit for trial.
- Evaluate the believability of the deponent.
- Obtain advice from nonparty witnesses.
- Preserve affidavit of assemblage who may be bare at trial.
- Challenge the affidavit of the affair or witness.
- Evaluate the strengths and weaknesses of their case and their opponent’s case.
- Area will my degradation yield place?
Depositions about yield abode in the appointment allowance of the advocate for the affair getting deposed. While there is some bit of action as to area a degradation will yield place, attitude dictates that your degradation is to yield abode at your lawyer’s office.
Additionally, in Oregon, you can alone be deposed in the canton in which you live. For example, if you reside in Multnomah Canton and are noticed to arise in Washington County, you may be able to article to the area of the deposition.
- Who will be in the room?
All parties to a accusation and their corresponding attorneys are accustomed to appear a deposition. The attestant (person getting deposed) will be present and is aswell accustomed to accept their advocate in attendance. There will aswell be a cloister anchorman and, possibly, a videographer.
- When are depositions usually taken?
A degradation can be taken at any time afterwards an actualization is due from a actor in a case, usually 30 canicule afterwards account of the amendment and complaint.
The timing of depositions is aswell abased on the case and cardinal issues.
DEPOSITION QUICK TIPS
Always acquaint the truth. Above-mentioned to alpha your deposition, the cloister anchorman will abode you beneath oath. Lying or getting corrupt will alone accomplish a bearings worse.
Answer alone the catechism that is getting asked. The examiner is not your friend. You are not to advance advice or advice the examiner in any way. This is not the time for oversharing.
Wait for the complete catechism to be asked afore responding. There is annihilation worse than accomplishing the lawyer’s job for him – accept to the complete catechism and don’t acknowledgment what you anticipate he is asking.
If you do not accept a question, ask the advocate to analyze it. Again, the advocate is allurement you questions. Do not advice him out by academic at what he is allurement you.
Do not anytime assumption or estimate. What you say in a degradation will chase you for the blow of the case – a poor assumption at a degradation may attenuate you at trial.
Speak slowly, calmly, and confidently. Be acquainted that the degradation is acceptable recorded and can be played aback at trial. Regardless of the analytic accumulate your accord and abide calm.
Do not argue, get mad, swear, or accession your voice. Assume that this degradation archetype will be appear on the foreground page of the New York Times – how do you wish to appear beyond to a board of your peers?
Sit up beeline and dress appropriately. You wish to be adequate yet professional. In my experience, bathrobe the allotment aids your aplomb which leads to a beneath demanding deposition. In some cases, your degradation may be videotaped and you will wish to attending affable for the jury.
Answer alone as to what you know. For example, if you are asked to accommodate the names of all bodies present at a affair but you cannot bethink the names of all parties in attendance, answering “I cannot recall” is appropriate. If you are asked to accompaniment the names of all bodies present at a affair that you did not appear the able acknowledgment is “I do not know”.
Ask to see exhibits. If an examiner asks you about a document, consistently attending at it afore answering questions. Be authentic to accomplish abiding that the certificate is authentic – if it is not, say something.
If you charge to yield a breach ask for a break, or nudge your lawyer.
If you accomplish an error, acquaint your advocate so it can be adapted during the deposition. There is annihilation worse than abrogation an incorrect account on the record. Be abiding to allocution to your advocate at a breach and actual whatever errors there may be. It is easier to fix at the degradation than in the average of trial.
Never say “never” or “always”. There is consistently an barring and, if you are too absolute, a acute adverse advocate will acquisition it and attenuate your credibility.
Preparation is the key to getting an able attestant so accomplish abiding that you altercate any areas of affair with your advocate and analysis all pertinent abstracts above-mentioned to your deposition.
© 9/18/2018 Hunt & Associates, P.C. All rights reserved.