A deposition is a question and answer conversation that is recorded by a stenographer before any trial takes place. During a deposition, the opposing counsel will ask questions and you will provide the answers. The deposition is conducted as part of the lawsuit process and therefore, the Defendant has the right to take your deposition.

Why does the defendant want to take your deposition?

To get information that affects your claim: At the time your deposition is taken, the Defendant will already have most of the information which impacts on your claim. This is their chance to confirm the information provided is complete and that they have everything needed to evaluate your claim.

To evaluate your believability/credibility: This is the Defendant’s chance to see you and hear you.  In evaluating any claim, the Defendant wants to know if the person bringing a claim will present a believable and credible story to a jury.  They know if a jury likes you and believes you, they are likely to look favorably on your claim.

How do you present believable/credible testimony:

  • Relax – Most people will be nervous about the deposition.  Remember, it is just a question and answer conversation.  The defense attorney is not a mean person, but is simply trying to get information that effects your claim.
  • Tell the Truth – You are under oath and your answers have the same effect as if you were testifying in court before a judge or a jury.
  • Answer the Question –  Answer only the question.  In normal conversations, we often give more of an answer than the question asks; or we answer the question we thought the person was trying to ask; or we give an answer that we want to give regardless of the question.  Remember, this is not a normal conversation.  It is a question and answer session. Listen to the question and provide your truthful and honest response to the question.
  • It is okay to say you cannot recall – This is not a memory test.  You are not expected to know every date, time and place.
  • Do Not Guess – Remember, you are answering under oath.