Depositions are significant for defense attorneys, whether in civil or criminal suits. If you are required to do a deposition, your lawyer and the court staff will pepper you with instructions and advice on what to wear, how to act, and things you shouldn’t do on the day. This may leave you wondering just how important a deposition is. 

So, What is a Deposition?

Simply put, a deposition is an attestation given by a witness under oath, usually before the trial begins. The difference between depositions and actual testimonies in court is that the former is conducted without a judge present. They are also conducted in informal settings (usually conference rooms) with only the prosecutor, defense attorney, and a court reporter present and the witness themself. Nonetheless, witnesses in depositions can still face perjury charges as they still take the same oaths as they would in court.

What is the Purpose of a Deposition?

Generally, depositions are conducted in cases where the prosecution intends to rely on witness testimonies. They are meant to give defense attorneys a chance to hear and record the witness statements to prepare good defenses. Overall, depositions make the court’s work easier, allowing both parties to gather their facts and firm up their cases beforehand, reducing the time it takes to litigate. Notably, two parties are usually involved in a typical court case, and each party may have their own aims in a deposition, depending on where they stand. 

If you are called upon to give a deposition, here are some of the questions the opposing counsel may present to you:

What happened? – The attorney will want to hear your version of the events, which will let them know if you have any essential facts.

Do you have all the facts? – The counsel will question you on every angle of your story, sometimes repeating questions multiple times, to see whether your version of events remains consistent. 

This line of questioning will serve two purposes for the counsel. One, it gives them a chance to challenge you and potentially make you appear inconsistent. The second purpose is to milk as much information from you as possible so they can prepare relevant questions to cross-examine you at the trial.

Are you credible? – For your testimony to pass in court, it doesn’t only have to be credible beyond doubt, but you, as the witness, must also be credible. 

Therefore, the opposing counsel will want you to use inconsistent or easily misconstrued language at the deposition. This helps them paint you as untrustworthy before the jury.

In Summary

Depositions are both fact-finding missions and a legal war of attrition. The opposing attorney will use all tricks in the book to make you stutter and give emotional responses. Of course, your attorney will probably do the same to the opposing witnesses, but you can’t count on it working out. All you can do on your part is to keep calm at all times and answer the questions as honestly, articulately, and concisely as you can.

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During a deposition, the opposing attorney may ask questions meant to rile you up or embarrass you, break you down or get a damning reaction.

Depending on how you respond, you may compromise your case, which is the last thing you want to happen.

Fortunately, there is a way to handle this situation to avoid losing your cool or divulging information that may jeopardize your case.

Which Questions Shouldn’t I Answer During a Deposition?

If you didn’t know, there are specific questions that you are not obliged to answer during a deposition.

So, if you feel like the deposing attorney is pushing this line of question, you can raise an objection.

If the judge determines that the questions aren’t pertinent to the case, you will not be required to answer.

However, if the judge overrules your objection, you are compelled to respond to the questions raised by the opposing attorney.

With that said, questions that you can raise an objection to fall under the following categories:

Private Information

You reserve the right to decline to answer questions touching on an individual’s health, religious beliefs, and sexuality.

The opposing attorney will be required to explain how these questions directly correlate to the case to compel you to answer.

Privileged Information

Examples of privileged information that you are not obliged to disclose during a deposition include private conversations between doctors and their patients, a lawyer and their client, and confidential discussions with your psychiatrist.

Impertinent Information

Any question you believe is inappropriate or does not influence the ruling may be considered impertinent.

If you attempt to answer these questions, your attorney will probably raise an objection on your behalf to stop you from answering.

How Do I Determine Which Questions Are Irrelevant?

If you’re not sure what a question’s aim is, pause and consider whether the answer could influence the judge’s ruling.

It’s also important to remember that just because a question bothers you or might be used against you by the opposing lawyer doesn’t mean it’s irrelevant.

Bottom line

While being on the receiving end of a barrage of questions from a determined attorney can be unsettling, prepping beforehand will help you remain calm, cool, and collected during the deposition proceedings.

So, know what to expect and remember you don’t have to answer every question thrown your way.

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A court deposition is an out-of-court testimony given under oath. Whether you are a rookie or veteran in court processes, you must acquaint yourself with several legal terms used during depositions.

Understanding these legal terms can help you know your responsibilities and comprehend the direction of your case. It can aid you to discern what’s going to happen. 

Here are the most common legal terms used during court depositions:

Perjury

Perjury is a legal term you will hear at the beginning of the deposition process. The word refers to breaking an oath or telling a lie during your testimony.

As you might know, all court processes start with taking an oath. A designated deposition official will ask you to raise your right hand and take an oath that what you are about to testify is true and accurate.

Intentionally providing false or misleading information under oath is perjury, which could attract a hefty fine or land you in prison.

Objections

Objections often crop up during court depositions. For example, your attorney will call out “objection” if the opposing counsel asks a leading or irrelevant question to derail you from providing an accurate testimony.

The primary goal is to give your attorney time to review the question. Ensure you ask your attorney whether or not you should answer the query after an objection.

Stipulations

Stipulations are the ground rules set by the opposing attorneys during court depositions. They are essentially an agreement that defines what can or cannot be done during the deposition.

The essence of stipulations is to ensure a smooth and seamless deposition process. For instance, the attorneys may agree to reserve all objections until later during the trial. Nevertheless, an attorney has the right to have an objection ruled by a judge before the lawsuit begins.

Errata

Expect to receive a copy of your testimony transcript a few days after the deposition. This procedure aims to ensure that the information therein is true and accurate. 

Ideally, you must carefully go through all the questions and answers to verify and identify any mistakes. Then, your attorney will send you an errata sheet that you will use to list all errors detected in the transcript. 

You can also correct your testimony if the court reporter or stenographer erred during the deposition. However, you can only list all corrections on the errata sheet rather than on the copy of the transcript. For instance, if you had an auto accident along I-295, but the court reporter wrote I-95, you can request a correction. 

You have 30 days to complete the errata sheet. Ensure you sign and date the errata sheet before sending it back to your attorney.

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As a paralegal or legal assistant, it is important to be able to utilize your time efficiently. This means being able to delegate certain tasks to other professionals so that you can focus on the more important aspects of your job.

The court reporting firm that you work with should be more than happy to assist you by taking on some of the responsibilities that can free up your time.

The following is a list of five tasks and why they make good delegation candidates:

Booking conference rooms

This task falls under the administrative portion of your daily responsibilities.

When you book a conference room for an attorney or client, you must ensure that all logistical details (e.g., location and entry codes) are confirmed in advance. You also need to record this information in your scheduling software and provide confirmation to both parties confirming the meeting.

By delegating this task to your court reporting firm, you will have the ability to avoid double-booking a room and wasting valuable time trying to rearrange schedules.

Preparing for depositions and hearings

As the paralegal or assistant, you are typically responsible for preparing the attorneys for depositions and hearings.

This includes collecting documents from the attorney and assembling them in a binder or folder in preparation for the event. It also requires that you review any important court decisions in advance, schedule a conference room, and ensure that there is sufficient space to accommodate everyone attending. Finally, it’s up to you to organize the documents according to relevance and sequence.

Preparing for a deposition or hearing can be a daunting task. Delegating this responsibility to your court reporting firm will take some of the pressure off of you and ensure that everything is handled in a timely and professional manner.

Handling any exhibits before the depositions or hearings

You must ensure that all exhibits are made ready in advance of the deposition or hearing. This includes making copies of the documents, removing staples and paperclips, inserting them in presentation covers (if needed), and labeling each one with exhibit stickers. There is also a need to make sure that you have enough copies of the exhibits.

Handle your legal video needs

Imagine you need video depositions and the only time your attorney can fit it in is on a weeknight. It’s up to you to either handle this request yourself or outsource the task to your court reporting firm. Most firms prefer that their clients provide them with as much notice as possible, but if you need something expedited, that’s where they step in and take care of everything for you.

The court reporting firm will make sure your videoconferencing, video depositions, and any other legal video needs are handled in a professional and timely manner.

Finding and scheduling all needed interpreters

Depending on the nature of your law practice, you may need to schedule interpreters for meetings or depositions involving foreign nationals who cannot speak English as their first language. You must then ensure that all logistical details (e.g., fees and availability) are confirmed in advance and documented so they can be provided to both parties prior to the meeting.

This task can be very time-consuming and difficult to manage, especially if you’re working on a tight deadline.

By delegating this responsibility to your court reporting firm, you can ensure that all required interpreters are scheduled and available for the date and time of your meeting.

Have you given any of the above tasks to your court reporting firm? If so, how has it affected your law practice?

There are many reasons behind delegating certain responsibilities. However, one must understand that not everything can be handed over to a third party and there is always the risk of losing control over certain aspects of your case. With this in mind, it is important to analyze your specific situation and determine which tasks can be delegated without putting your case at risk.

If you are a stenographer, court reporter, or professional transcriber, creating deposition transcripts can determine the direction of a lawsuit. You must make sure that you capture every detail accurately and precisely. 

Court reporters are human, meaning they are not immune to making mistakes. That is why it is always a good idea to review your deposition transcripts before trial to eliminate any errors and ensure that the information therein is accurate.

Here are a few tips on how to create quality deposition transcripts:

Check for spelling mistakes

Stenographers work phonetically when recording depositions. This means they are likely to make so many spelling mistakes in the first draft. You should, therefore, give the court reporter a list of phrases or words they might come across during the deposition process. This is particularly important if you are working with the court reporter for the first time. Your list of phrases can help the reporter avoid spelling mistakes.

Enunciate your words

One of the qualities of a good court reporter is the ability to type words quickly and accurately. Court reporters can type at speeds of up to 200 words per minute. However, this means you need to speak your words clearly all the time to ensure the reporter captures accurate records. You should avoid speaking over others and instead enunciate your words. This will guarantee that there is a consistent flow and that whatever is transcribed is as accurate as possible.

Avoid using sounds

Even though stenographers work phonetically, you should avoid using strange sounds when creating depositions. In essence, avoid using sounds like uh-uh, ah, or yah when trying to say no or yes. Try to use words as much as possible to make everything clear and avoid delays. In any case, sounds do not have shorthand notations, and this might make it difficult for the stenographer to produce accurate transcripts. As a reporter, you should clarify anything that seems unclear and encourage your clients to use words instead of sounds.

Work with an experienced court reporter

The quality of your transcript can make or break a case. You should, therefore, work with an experienced court reporter if you want to have an excellent set of transcripts. An experienced stenographer has what it takes as far as producing accurate reports is concerned. They know what guidelines to follow and they are highly trained in transcribing in a variety of formats.

Make sure the reporter identifies everyone correctly

If you want to start your depositions on the right note, then you must make sure that you identify yourself and get to know the identity of everyone present. This will include, the witnesses, attorneys, videographers, and everyone else in the room. The reporter must identify everyone correctly in their transcripts to avoid discrepancies. They must also state the name of the case, date, exhibit numbers, and every other relevant detail. 

Focus on your job

Whether you are a court reporter or an attorney, having a sense of focus on the task at hand will ensure that you produce quality deposition transcripts.