I have been subpoenaed to give a deposition before a trial. What do I need to know?
Answer:
A deposition is a statement that is given by a witness or expert outside the courtroom before a trial. Usually a deposition is given in an attorney's office and it is usually recorded (audio and/or visual). A deposition is different from testimony in court. In trial testimony, the process begins with testimony, then cross-examination, and re-direct.
In depositions, the process begins with the plaintiff's attorney questioning you. Your attorney can object to a question, and he/she may also ask you questions.
Here are some things to consider when giving a deposition:
- Prepare
Contact your attorney to help you prepare for the deposition. You will go over possible questions and answers during your sessions. Your preparation will probably also include review of files or papers relating to the case. If you are giving a deposition as an expert witness, you will also need to prepare a curriculum vitae and be ready to discuss it thoroughly. - Answer the Questions
During the deposition, make sure you understand the question, then give a complete but short answer. If you don't know an answer, just state, "I don't know." Don't guess or speculate. - Don't Volunteer
It is tempting to include additional information, but resist the temptation. - Be Aware of Attorney Tactics
Attorneys are taught techniques to get people to say too much or give out additional information. For example, the attorney may not say anything, to make you uncomfortable, hoping you will start talking. Being aware of these tactics will help you resist them.
- Don't Argue or Debate
Also resist the temptation to argue or debate with an attorney.
Planning and preparation will help you get through the experience successfully.