What Is the Point of a Deposition? It Depends Whom You Ask

Getting Your Story Straight Is Just One Goal in a D.C. Deposition

You’ve been told what to wear, how to act, and actions to avoid in order to prepare for your deposition. But now that you’ve got the basics down, you find yourself wondering: why do you need to go through a deposition at all? Wouldn’t it just be easier to stand in front of a judge and have him make the decision in your case?

What Is the Point of a Deposition?

The fact is that depositions are the most efficient way to gather fact in a case, allowing the judge to make a more informed decision and reducing the time that all parties spend in court. While that may be the overall point of a deposition, each person involved in the process will have different goals. The opposing counsel (the person who will be asking you questions) will aim to answer these questions at a deposition:

  • What happened? An opposing attorney will want to know which facts you have in your possession, and which you will be able to present at trial.
  • What is your story? Counsel will ask questions to establish your version of events, and may try to ask similar questions multiple times to make sure your story is consistent. Knowing each person’s version of events in advance will allow counsel to prepare questions during trial to find out what really happened.
  • Is your story credible? After you sign your deposition, you are attesting that everything you said is true. If you use language that can be misinterpreted, opposing counsel may attempt to catch you in a lie to attack your credibility. If you are seen as untrustworthy, the jury may rule against you.

The assumption that a deposition is only a fact-finding mission is not necessarily true; it is every attorney’s job to do the best he can for his client. If opposing counsel can prompt you to give an emotional response to a question that will make his case stronger, he will likely do so. However, your attorney may do the same for the opposing client in order to protect your interests.

The number one goal you should have during a deposition is to remain calm. This will allow you to think carefully about your answers and give only the facts.

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Avoid These Four Common Mistakes in Your Deposition Answers

What, When, and How You Answer Can Affect Your Deposition Testimony

One of the worst mistakes people can make in a deposition is forgetting that how and when they answer a question can be just as important as the words they use. If you want to make sure that your testimony is the best possible representation of your side of a case, remember these four tips as you enter the deposition area:

  • Hold the conversation. If you arrive a few minutes early to your deposition, you may be tempted to chat with the receptionist or opposing attorney. However, just answering a simple “How are you?” with an automatic “I’m fine” could hurt your case if the attorney asks how you described your condition to the person at the front desk this morning. This is why you should never discuss any aspect of your case with anyone until the deposition has started (and refrain from doing so after the deposition is complete).
  • Wait to respond. You should always wait until a question has been asked completely before attempting an answer. If you interrupt the opposing attorney, you may give a responsive that is not completely accurate. The best way to make sure that your answer matches the question being posed, repeat the question word-for-word in your head before answering. Don’t be afraid of taking the extra time to respond; it is more important to be accurate in your answers then to leave the deposition early.
  • Say it if you mean it. Giving non-verbal answers can be a hard habit to break, but you must always respond verbally in a deposition. First, the court reporter can only record what is spoken, and a non-verbal response will almost always need clarification (requiring a pause in the deposition). In addition, a nod, head shake, or shrug may easily be misconstrued by members of the court.
  • Remember body language. In addition to what you say with your mouth, you should be constantly aware of the messages you are giving with your body. Slumping in your chair gives the impression that you don’t care; leaning on the table because you are tired can make you seem disinterested. If you are unable to get comfortable because you need a break, tell your attorney and he or she will pause the proceedings.
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What is a deposition?

You may have been told that you will have to attend a deposition before your case goes to trial, but what is a deposition? Simply put, a deposition is a question and answer session led by the opposing attorney in your lawsuit. Your answers will be given under oath and recorded by a court reporter.

It is common for witnesses to have had no contact with attorneys other than their own counsel. This leaves them unprepared for the nature of questioning that takes place in a deposition. It is important to remember that opposing counsel is not on your side. His job is to learn any information in your case that he can use to discredit you or make you seem like an unreliable witness.

An opposing attorney will typically have three goals when deposing a witness:

  • To find out what you know. The attorney will ask questions designed to find out how much you know about your own story, without giving away any valuable information in his possession that could be helpful to you.
  • To shape the story. Attorneys can repeat your answers back in a way that minimizes damage or benefits his client, which you may have to challenge and restate.
  • To find an inconsistency. Opposing attorneys will often highlight problems or errors in your story as evidence that none of your testimony can be trusted.

The best thing you can do to protect your case in a deposition is to keep calm and stick to short, truthful answers. Remember, the attorney will give his client a recommendation on whether to settle or fight the case based not just on your answers, but also on his impression of you as a witness.

To find out more about what happens in a deposition, click the related links on this page or call to inquire about our video deposition services.

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What questions will I be asked in my divorce deposition?

An opposing attorney could ask any number of questions in your divorce deposition. Some are relevant to the facts of your case, and some are not—but if you choose to answer them, all of them can be used in court. Here are a few topics that may be brought up during your deposition.

  • Children. If your case includes a custody dispute, you should be prepared for questions about your children’s friends, interests, doctors, schools, needs, and health.
  • Personal details. You may be asked about any personal relationships, clubs, or memberships that you belong to and the roles they play in your child’s life.
  • Marriage finances. Your spouse’s attorney may attempt to discover if his client is entitled to your earnings. These questions may include whose money was used for different expenses during the marriage, how much your expected income will be in the future, if you supported your spouse in the past, what you were each making at the start of the marriage, and if you ever told your spouse that you did not want him or her to work.
  • Employment. What kind of hours do you work? This may seem like a simple question about your job, but it could influence your suitability as a full-time parent.
  • Health records. You may be asked questions about your mental and physical health. This includes any insurance you may hold (life, disability, home/rental, etc.) and who is named as your beneficiary.
  • Property. If you are splitting the furnishings of your home, you may be asked to read through your asset list and explain how you arrived at the estimated values.

Remember: an opposing attorney is looking for answers, but the way you respond to a question can give him more than just the facts.

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What to Do (and NOT to Do) & Say In Your Virginia Divorce Deposition

It was a difficult decision to end your marriage, but at least you thought it would be smooth sailing after the divorce papers were filed. Unfortunately, what should have been the end of your relationship was only the beginning. You and your spouse seem to disagree on almost everything, and you’ve both hired lawyers to help you separate—but you’re wary about what has been said to the opposing attorney.

As you prepare for your divorce deposition, the most important thing you can do is be aware of the motives and tactics used by the opposing counsel. You may be asked questions about your finances, children, living arrangements, and property, all of which can be points of contention in a divorce. Here are a few “do’s and don’ts” on giving an effective testimony in your divorce deposition:

DO:

  • Stay calm. Take each question one at a time and give honest answers.
  • Be brief. Keep your answers short and to the point.
  • Stick to the facts. Avoid giving your opinion or using words that describe your feelings about the question.
  • Heed your attorney’s advice. If he says not to reply, don’t give an answer.

DO NOT:

  • Answer more than the question requires. Avoid telling a story or giving information that wasn’t asked for in your answer.
  • Offer additional information. Opposing counsel may ask a question that you can verify with witness testimony or documentation. However, you should not volunteer your sources—it’s his job to find proof of your answers.
  • Make guesses. If you do not know the answer to a question, tell the attorney you don’t know rather than make a guess.
  • Say anything you don’t want heard. Some witnesses may ramble if they’re nervous, or think out loud while attempting to answer opposing counsel’s question. You must be aware that everything you say is being recorded, whether it is relevant to the conversation or not.
  • Argue with opposing counsel. The attorney asking questions needs information, but he may also try to rattle you in an attempt to start an argument. This can result in your giving away additional facts that can be useful to his client.
  • Lose your temper. If you become angry, frustrated, or overwhelmed, you are more likely to reveal information that can be used against you. If you feel like your emotions are getting the better for you, ask for a break.

While these tips can help your appointment go smoothly, they are by no means the only things you can do to prepare for a divorce deposition. Click the related links on this page to find out what else the opposing counsel will be looking for during your testimony.

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Ten Questions to Ask When Choosing Clothes for Your Video Deposition

You may not think that it matters what clothes you wear to your deposition. After all, your testimony is what matters. Why should the jury be allowed to judge you based on how you look?

Consider this from the court’s point of view: the judge and jury members have never met you. What is the first thing you notice about strangers? It is likely to be their physical features: a person’s clothes, hair, and general appearance can give you physical cues into his or her personality. The people in the courtroom will be using these cues to assess your testimony, so how you look can play a huge part in how your story is perceived.

Before you leave for your deposition, stand in front of a mirror and ask yourself these important questions:

  1. Is anything about my appearance offensive or disrespectful?
  2. If my family saw me in these clothes, would they be proud?
  3. If I were interviewing someone dressed like this, would I be likely to hire them?
  4. Would someone else describe my appearance as clean and comfortable?
  5. Is my cologne or perfume too heavy?
  6. Are there any wrinkles, stains, or visible signs of wear on any part of this outfit?
  7. Could the opposing attorney use any
  8. Does this outfit give people any reason to doubt what I say?
  9. part of my appearance to cast doubt on my character?
  10. If I didn’t know me, would I feel comfortable walking up to me on the street?
  11. Is any part of my appearance too distracting?

Remember: your clothing may not be the most important factor in your testimony, but it will help you make the right impression in court. For more information on how to prepare for a deposition, click our related links on this page or visit us on Facebook to learn more about our professional court services.

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Should I consider child custody options before I attend my divorce deposition?

Of course! You will have to think very carefully about your life and your children’s lives before deciding on a custody arrangement that works best for all of you. Your work schedule, frequency of travel, living arrangements and your children’s schooling and activities will all play a role in your custody options—and you should know what you’re fighting for well before the date of your deposition.

Here are the most common custody options available to a divorced parent:

  • Sole custody (children live with one parent). In this arrangement, one parent is primarily responsible for the child’s health, education, medical needs, and religious upbringing. The non-custodial parent is usually granted visitations, and holidays may be split or alternate between households.
  • Joint custody. In joint or shared custody, children will spend a certain portion of the year with each parent. (This is different from joint legal custody, which dictates that both parents share equal responsibility and authority for decisions that affect the children.)
  • Split custody. Far less common than the other arrangements, split custody involves children spending an extended period of time with one parent, and then the other. This typically is considered disruptive to the children, so is not recommended except in special cases.

Before you choose a custody plan, consider your future life. Will you begin dating? Are you already in a new relationship? Do you want to share your home with your children full-time? Will your children benefit more from living with you, or your ex? Remember: there are no wrong answers to these questions, only truthful ones—and acknowledging the truth now will save you a lot of grief in the future.

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Preparing for Your Deposition: Who Will Be There and What Will Happen

What Happens in Your Deposition Will Likely Affect the Outcome of Your Case

You have good reason to be nervous about appearing for your deposition. No matter how much the opposing attorney may try to put you at ease, your deposition may be the most important event in your case—and can be even more effective than your testimony in court.

What happens in a deposition?

A deposition gives the opposing attorney a chance to ask you questions about your case. Unlike a court testimony, you will not be given a chance to tell your whole story to the opposing counsel. Rather, the opposing attorney will ask you direct questions about your story and you will have to provide clear, accurate answers.

Why are depositions necessary?

Depositions are part of the legal discovery process. When a lawsuit is filed, both sides have the right to conduct an investigation into the facts of the case. This involves requests for records, documents, and witness testimony that can help paint a picture of what happened in court.

Since documents and other evidence admitted in the case can be taken at face value, it is necessary to have each witness tell his story under oath so that a written account can be provided for the trial. This ensures that witness testimony is preserved and that his story remains constant throughout the course of the suit.

Who will be at your deposition?

  • Opposing counsel. A member of the opposing counsel team will be present to ask you questions about your case.
  • A court reporter. The court reporter will record the questions and your responses and create a written transcript (which you should later review for any mistakes).
  • Your attorney. Your attorney should be on hand in order to protect you from answering any misleading or irrelevant questions that could damage your case.

Will I be on the stand?

Depositions do not usually take place in court, but are typically held in an attorney’s office or conference room. If the opposing attorney is in another city, clients may consider the benefits of a videoconferencing for depositions, especially since these meetings can take anywhere from a few minutes to several days in order to collect all relevant information.

The reason depositions are so important to your case is that you will be giving a written statement of your story to all involved parties. If you change or modify your answers to these questions in court, the jury might see you as an unreliable witness, threatening the outcome of the suit. Read the related links below to prepare for common pitfalls of a deposition, or read our client testimonials for real-life accounts of deposition success.

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Why doesn’t my attorney object to deposition questions that can be used against me?

The real legal world is rarely as tense an active as courtroom dramas would have you believe. For example, your attorney is bound by the law when objecting to questions: he may only interrupt if the question is irrelevant or improper. If the answer hurts your case, but is relevant, there is legally nothing he can do.

In addition, attorneys on both sides will often agree to keep deposition objections to a minimum to make the process go more smoothly. This does not mean that the deposing attorney can ask you any questions he wants and you must answer; it means that both attorneys have agreed to keep the line of questioning relevant and to the point. If the opposing attorney strays from this agreement, your attorney will be allowed to do the same with his clients, so it is best for both advisors to stay on task.

That said, you should stay wary of some questions in case you choose to raise an objection yourself. Here are a few tactics attorneys may use during a D.C. deposition:

  • Burying the real question. At the start of your deposition, you will be asked about basic information in order to relax you and get the session started easily. However, simple questions are often interspersed with questions that can prove revealing, such as “Where do you live?” and “Do you live alone?”
  • Repetition. You may be asked the same question in different ways, or several different times over the course of the deposition. This may be done to make sure your answers are consistent and accurate, but can easily fluster witnesses into giving conflicting answers. Don’t become agitated if you have already given the information; repeat the previous answer simply and move on.
  • Clarifications. Beware of any question that requires a long answer. Deposing attorneys can always use your words against you, and you may not fully consider your word choices when giving your opinion. If an attorney asks you to clarify a previous answer, your attorney should interject so that you are asked direct questions rather than giving a long version of events.
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Legal Terms You Are Likely to Hear at an Upcoming Deposition

Learn These Four Legal Terms (and What They Mean) Before the Day of Your Deposition

Your attorney has gone over the deposition process with you several times, and while you’re not exactly confident, you understand the basic concept of what’s going to happen. However, while you might know your responsibilities, you’re not quite sure about the legal terms that are used in the “ceremony” aspects of the deposition—and since you don’t know what they mean, how can you be sure they won’t affect the outcome of your case?

Here are a few common legal terms that will likely crop up during your testimony:

  • Perjury. At the beginning of your deposition, you will be asked to raise your right hand and swear that the testimony you are about to give is true and accurate. You must take the oath very seriously, as any attempt to provide false or misleading information could be construed as perjury. Perjury, or intentionally giving false information under oath, is a crime punishable by fines and possible time in prison.
  • Stipulations. Before you are asked any questions, you may hear the opposing attorneys discussing the ground rules for what will happen next. These are also called stipulations, and are in essence an agreement on what will (or will not) be done during the deposition. Some common (or “usual”) stipulations include agreeing to reserve all objections, except those used to rephrase questions or motions to strike testimony. Stipulations are usually created to make the deposition run smoothly and as quickly as possible, while still preserving an attorney’s right to have the objection ruled on by a judge before the trial. If the judge later rules that an objected question should not have been asked, both the question and response will stricken from the final version of the transcript.
  • Objections. Even if the usual stipulations are in place, your attorney may still call out “objection” during your deposition in order to mark the question for review in the transcript. You should always ask your attorney after an objection whether you should or should not answer.
  • Errata. A few days after the deposition, you will be sent a copy of your deposition transcript. You should read through all of the questions and your answers carefully to make sure all of the information is accurate and truthful. You will be sent a separate sheet of paper (called an errata sheet) where you should list any errors you detect, as well as what you believe the actual testimony to have been. For example, if your car accident took place on I-295 and the court reporter has written I-95, you should be sure to request the correction wherever it occurs. You must then sign and date the errata sheet and send it back to your attorney to be forwarded to the stenographer. If you have not completed your errata sheet within 30 days of receiving it, your testimony will be deemed accurate without your approval.
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