- 1). Figure out whether you should retain or contact a lawyer. If you are a named party to the lawsuit and the opposing party has subpoenaed you for a deposition, retain an attorney. While some routine legal matters can be accomplished without an attorney, a deposition is not one of them. An unrepresented party at a deposition is easily intimidated by opposing counsel, and will likely have a hard time understanding the permissible scope of questioning under pressure. If you are an employee for a company that is participating in litigation and have been subpoenaed for deposition, contact your company's attorney. However, if you are a party who has no stake in the litigation, such as the uninvolved witness to an automobile accident, you likely do not need an attorney.
- 2). Review any relevant documents to the deposition. If you have prepared any reports relevant to the issue being litigated, review those documents. If you are a party to the litigation, review the petition and any answers or interrogatories filed. If you are being deposed solely as an uninterested witness, such as the witness to an automobile accident, spend some time and think about the events you have witnessed.
- 3). Wear appropriate attire to the deposition. Because a deposition is a court proceeding conducted under oath, you should attend the deposition wearing the same clothes as you would if you were testifying in court. If you are a party to the case, wear a suit or a business-appropriate dress. If you are merely a witness or an employee of a party to the case, dress in business casual. Additionally, a deposition will usually take at least several hours, so get a good night's rest.
- 4). Listen to the questions carefully. Before answering, pause and think about whether you understand the question. If you are at all confused by the question, ask for clarification. Additionally, if you are represented by counsel, your pause will give your attorney time to object to the question if necessary.
- 5). Answer the questions exactly as they are asked to you. Do not volunteer information outside the scope of the question. If you do not know the answer to a question based on your personal knowledge, do not guess the answer. An incorrect guess may lead to perjury charges or embarrassing impeachment at trial.
- 6). Maintain decorum. Stay calm and avoid the temptation to argue with the attorneys asking you questions. Particularly if you are a party to the litigation, counsel will do their best to frustrate you and get you to argue and ramble on. A rambling and angry deposed party may say things in anger that can seriously damage his case.
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