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.

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.

You’ve been a little uneasy since you received the notice that your deposition has been scheduled. You called your attorney to notify him of the subpoena, and he’s meeting with you to help you prepare for the various questions you will be asked during the deposition. However, you can’t help but be anxious that even with all the “prep work,” you’ll get stage fright on the day of the deposition. How can you be prepared to answer questions if the opposing attorney can ask you anything he wants?

Key Things to Remember As You Prepare for a Deposition in D.C.

• Focus on the facts. Your attorney will ask you questions that are relevant to the case, such as dates, figures, and circumstances surrounding your claim. He may also organize the facts of your case in a way that makes it easy for the judge and jury to follow. You should try your best to memorize exact figures so that you can be 100 percent sure of your answer on deposition day; this will make it easier to avoid phrases like “I think” or “it’s roughly this amount,” which can make you seem unreliable to the court.
• Plan for a long day. Depositions can last anywhere from a few minutes to several hours, and there is no way to predict how long you may be deposed. Wear comfortable but professional attire, and pack a snack in case you get hungry. Shifting in your seat or becoming irritable when your blood sugar gets low can affect your answers.
• Don’t be a robot. While you should memorize facts, you should not attempt to memorize exact phrases in answers to questions, for a few reasons. First, the opposing attorney may not ask a question in the same way as your attorney, and your prepared answer could be misconstrued. Second, you are likely to become flustered if the attorney asks a question you didn’t anticipate. Third, fully-scripted answers will often sound rehearsed, risking your credibility with the jury.
• Listen to your attorney. You should rely on your lawyer’s counsel during the deposition. If he advises you not to answer a question, do not answer it. If you have been asked a question that you don’t want to answer, ask to speak to your attorney for options.

If you are uncertain about going to the opposing attorney’s office to give your deposition, we offer a neutral location for all of our customers to record video depositions, centrally located in Old Town, Alexandria. Visit our video depositions page to find out how we may be of service.

Your counsel has given you plenty of good advice on preparing for your legal deposition. You know that you must be polite and respectful, avoid interruptions, and speak clearly on the details of your story. But now that you have prepared your testimony, you’re wondering how else you will be judged in the courtroom—and one of the biggest factors influencing the jury will be your appearance.

While how you look and what you wear doesn’t necessarily tell the jury everything about you, your appearance will nevertheless play a significant role in how you are perceived.

Important Guidelines on What to Wear to an Upcoming Deposition:

Tips for Men

• Start fresh. Your hair should be neatly brushed and any facial hair should be shaved or trimmed. Avoid using too much cologne or wearing jewelry. If in doubt about their appropriateness, remove any piercings and cover any tattoos.
• Think business casual. In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition.
• Not too casual. Do not wear jeans, shorts, sneakers, sandals, or head wear. Long pants, dress shoes, and a belt or suspenders are top choices.
• Size matters. Your clothing should be clean and fit well. Avoid anything too tight or too baggy.
• If in doubt, wear a suit. Suits are always acceptable attire for men in court. Make sure the jacket and pants match and the shirt and tie are not too loud or distracting.

Tips for Women

• Keep it conservative. To keep the amount of visible skin to a minimum, avoid spaghetti straps, off-the-shoulder tops, or thin materials. Women opting to wear dresses or skirts should also wear pantyhose.
• Consider pants. A women’s suit or slacks and a blouse may be a better choice for women who are not comfortable in dresses.
• Avoid distractions. Your clothing, hair, makeup, nail polish, and accessories should all be neat and muted in color. Anything flashy or provocative can distract the jury from your testimony.
• Choose sensible footwear. Always wear flat or low-heeled shoes, avoiding high heels, sandals, and open-toed shoes.

Above all, remember that you want to be taken seriously and make a good impression. If your outfit does not inspire confidence and trust in the mirror, it’s not going to do it in the courtroom.

For more tips on preparing for your deposition, browse our related links or visit our video depositions page to find out if you could benefit from our testimony recording services.