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What is a Deposition?
A deposition is the process of a case where all of the information you are aware of is put on the record. You will be under oath and opposing counsel will ask you questions to discover details of the case. It might sound like an intimidating interview, but there will be no judge present and it will likely take place only with opposing counsel, your lawyer, and a court reporter present. Opposing counsel will have three objectives to the deposition:
- The attorney will try to determine what information you have regarding the case. They will ask questions to learn what your story will be at the time of the trial.
- They are trying to pull a story from you. When you provide certain facts or information, they will expect the same information at the time of the trial.
- If at any point they can show that you are lying, they will be able to prove in court that you are unreliable and the testimony should not be believed.
Rules
Before the deposition begins, the defense attorneys will give you a general statement on the rules of the deposition so that you are aware of what is going on and what is required of you.
- It needs to be understood that you are under oath during the deposition.
- Your answers will be recorded by the court reporter and the answers will be organized into a booklet, which you can review when it’s complete.
- All of your answers must be clear and concise for the court reporter to take down accurately. Keep in mind that the court reporter can’t note shaking or nodding your head as an answer, so all responses must be spoken.
- You will have a chance to review your statements and make any corrections if necessary. It is important to understand that your answers are taken for facts. If you don’t remember what speed you were driving at, it’s better to say “I don’t know” than to give an answer that is incorrect, or guess.
Answering Questions
Clearly understanding each question before you answer is crucial. If you need a question repeated, don’t be afraid to ask. If you don’t know an answer or have forgotten something, it is ok to respond with “I don’t remember” or “I don’t know,” because that is the truth. Opposing counsel may try to summarize your testimony and also include statements that are not true or are misleading. It a summary of your statements is not entirely true, be vocal about that. If you have misspoke at any time or gave an incorrect answer during the deposition, stop the questioning right away to make any corrections. It is better to make any changes as soon as possible.
Overall, it is essential that you have a criminal lawyer representing you during a deposition. The Law Office of Lisa Pelosi wants to provide you with legal services that you can trust in. If you are preparing for a deposition, call our criminal defense attorneys as soon as possible. A successful deposition can make a big impact on the outcome of a trial. Get the experienced guidance, advice, and preparation you deserve from passionate and caring attorneys.
