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Preparing for a Deposition

  • Preparing for a deposition is important because what is said in a deposition can be referenced in court and directly influence the outcome of your case.


    Why Attorneys Conduct a Deposition

    The deposition can be used by an attorney to gather information about the case.

    In some cases, an attorney will be looking for evidence that can be used to prove fault. Another attorney might identify information that could come out at trial so that they can refute it.

    Regardless of what they are hoping to achieve, during a deposition, an attorney is going to ask a lot of questions—and some of them could be difficult to answer.


    What Happens During the Deposition

    You will go to an office for the deposition to be conducted. You will be sworn in and must agree to tell the truth. A court reporter will be on hand to document everything that was asked and the answers you give. This allows what you said to be referenced at a later date or brought up in court.

    Therefore, what you say or do not say is critically important.


    Preparing for a Deposition

    You should never go into a deposition without an attorney. It is important to have one on hand to object to any inappropriate questions. You also need an attorney to prepare you for the deposition itself.

    To prepare for a deposition, an attorney will typically go over questions that the other lawyer might ask you. Giving you a sample list of questions and running them by you can be helpful for the following reasons:

    It can give you time to think about your answers and refresh your memory.

    It gets you practice on answering questions without divulging any unnecessary information.

    In a deposition, you never want to give more information than is necessary. It is important to answer the question truthfully, but that's it. Do not volunteer any additional information. Learning how to do this can take practice and preparation ahead of time, and working with your lawyer is the best way to feel prepared.


    Speak with Your Attorney

    Remember that your attorney is on your side. He or she is there to help you and advocate for your rights and best interests.

    If you are concerned about any particular piece of information that could be discussed or revealed during the deposition, let your attorney know ahead of time so that you can be prepared for this possibility.


    Get Your Questions Answered

    If you have a deposition that is coming up, it is critical that you speak with an attorney as soon as possible. You can do so by calling 1-800-VICTIM2 (842-8462) and scheduling a free consultation with Greenstein & Milbauer, LLP. You can also reach us through our website.