Court Depositions: What to Do and What Not to Do

What To Do & Avoid During Court DepositionsAre you doing everything you need to to make your depositions count? Depositions are valuable tools when it comes to litigation. They provide attorneys with clues that can often predict how a case will turn out. Like them or hate them, depositions can have a huge impact on how a case turns out. Cases can be won or lost during the stage of deposition.

They can influence a defendant to agree to settle and more, so today we’re talking about court deposition tips that can help you have a deposition help your case ideally go the way you want it to. Read on to find out more about what you should remember when conducting a court deposition so things turn out better than perhaps they would have otherwise.

Witness Rules

The witness will typically be given notice or notice through the form of a subpoena, usually at least ten days before the legal deposition. As always, the attorney conducting the deposition must sign this subpoena or notice. The signature of a judge is not required. When the individual being deposed fails to show up for the court deposition, it may be considered contempt of court.

The attorney may also make copies of documents that are submitted if they issue a Request for Production of Documents. Most cases settle before a trial, but some don’t. If your case does settle before trial because both sides are seeing how the outcome of a trial will turn out, a good court deposition can mean that a case is entirely wrapped up before it ever goes to court– so you can see the importance of a deposition.

Tips for Deposition

If you are involved in a court case or deposed, remember these general tips. Use them for yourself or advise a client of them.

  • Think carefully when you are asked a question before answering.
  • Let an attorney finish their question before you begin to answer.
  • Think before answering, allowing time for an objection.
  • Answer questions asked of you and do not go beyond that.
  • Do not add new information.
  • When you do not know, answer that you do not know.
  • Do not speculate.
  • Act formally and professionally.
  • Always stay calm. Do not allow your emotions to rise out of control.

When an individual has specific instructions from your attorney and direction, they can have their best chance at a successful deposition. Going over the facts of a case and these tips before a deposition happens can be an advantage, so be sure that your deposition goes well by briefing your client and giving both of you the best shot at resolving the case the way you want to.

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