The impact of court depositions cannot be understated. In any case, the information obtained during the deposition state can sway the case in either direction. Essentially, the testimonies collected can influence a defendant to accept to settle, thus avoiding a trial. Here are court deposition tips that you can apply to help a case go your way.

Witness Rules

The witness has to be issued with a notice at least ten days before the stage of deposition commences. Alternatively, the notice may be given through the form of a subpoena signed by the lawyer conducting the legal deposition. A judge’s signature is not required. 

The reason a subpoena may be necessary is if the witness does not want to attend court willingly. When the witness fails to show up for the deposition, the action is considered contempt of court. The writ, therefore, orders the witness to attend court for deposition purposes.

The lawyer may also produce copies of documents submitted during the deposition process. However, they must issue a Request for Production of Documents before they can make copies.

A good court deposition can ensure that a case does not go to trial. This is particularly true if the deposition provides clear, indisputable evidence showing both sides how a trial is likely to turn out. Considering this, the defendant is more likely to agree to settle before the case goes to court.

Tips for Deposition

A trial can take months or even years before it concludes. To avoid going through this long and protracted journey, it is always advisable to consider deposition. Here are a few tips that you can use for yourself or advise a friend or client in case you are involved in a court case, or you are being deposed.

• Always take time to think over the questions asked before answering
• Never answer an incomplete question. Let the lawyer finish the question before you provide your answer
• Think before answering to allow your attorney time to raise an objection if any
• When you do not know the answer to a particular question, answer that you don’t know
• Do not add any new information that has not been asked
• Avoid speculating
• Always act formally and professionally
• Stay as calm as possible. Do not allow your emotions to get out of control
• Avoid getting into an argument with opposing lawyers

Enlisting an attorney to help you with court depositions can go a long way to ensure the success of your case. A qualified attorney has the necessary experience to guide you and provide specific instructions that will come in handy for a successful court deposition. Using the aforementioned tips will provide you with your best chance of resolving the case as per your desires.

Today we’re going over our tips on how to be a witness and be prepared, so scroll down and discover more about the topic with our witness preparation tips.

Focus on your subpoena.

It’s not optional and so they are enforced via court order. Judges will be very displeased if you choose to ignore them or cannot clear your schedule to obey them. Save yourself a lot of hassle and obey them.

Talk with your attorney openly.

They need to know everything and so you have to be honest with them if you want to have the best strategy. Tell them it all no matter how you feel about it or how it makes you look.

Do what your attorney advises.

Your lawyer is going to be able to give you the best advice. If you’re paying them to represent you and they have the experience to back themselves up, take what they are saying into account when it comes to behaving in a deposition. As your attorney what questions you need to in order to know the process fully and go through the process. Talk with your lawyer and they’ll help you prep for trial and your deposition.

Be honest in your testimony. Speak clearly.

You don’t have to over-emphasize your words, but try and speak clearly during the session. Be concise and do not say more than you have to, but do not lie either.

Dress nicely.

How you dress is a sign of respect and it reflects upon you. So dress just as well as you can and while this doesn’t mean preparing for the Oscars it does mean a certain level of the wardrobe as well as ironing, cleanliness, and general appearance. Conservative is better than nothing!

Avoid Doing This:

• Being flippant. You want to be taking everything seriously so avoid answering in a sarcastic or flippant manner if you can.
• Explaining too much or offering up information. That’s just going to help anyone but you.
• Spacing out too much. You’re up there to be a testifying witness so don’t forget to be focused.
• Asking for a break at the trial. Take a bathroom break and eat before you come as they expect you to be prepared to testify.
• Showing up being in an intoxicated state. That is a big deal and it’s not going to work for you at all so don’t do it! Be sober if you can be and eat breakfast!
• Don’t answer questions that you didn’t understand. Ask for them to state the question to you again if you did not hear a question fully.