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Attorney outlines do’s and don’ts of depositions

March 27, 2019

do’s and don’ts of depositions
Depositions are serious business, and there are issues to keep in mind and ways to be better prepared.

It can be a nerve-wracking process.

Imagine: You’ve been summoned to give a deposition – the process of providing sworn evidence – as part of a civil or criminal case. You’re tasked with answering questions and making statements under oath. Based on what you say, someone could face consequences. And there are lawyers involved.

Depositions are serious business, and there are issues to keep in mind and ways to be better prepared. Andrew Hicks, a partner at the Elkhart-based law firm Warrick & Boyn, LLP, offers the following advice about what to do – and not do – during a deposition.

  1. Tell the Truth
    Most witnesses are called to testify as to what they actually witnessed and experienced. “If you ask three different people how an accident occurred, you will often get three different answers,” Hicks said. “We attorneys know and expect that. Try not to let anyone else color what you remember and perceive and just tell the truth. Stick to your guns and do not agree to something that you do not believe is true simply to get out of questioning.”
  2. Don’t guess
    Witnesses usually want to be helpful, according to Hicks. While that is a good quality to have, when witnesses speculate or guess it often causes more harm than good. “If you are not sure, it is OK to say, ‘I’m not sure,’” Hicks said. “If you do not remember, it is OK to say, ‘I do not remember.’”
  3. Know what you are answering
    “If you do not understand a question, it is OK to say, ‘I don’t understand your question,” Hicks said.
  4. Answer only the question you are asked
    Listen to the question you are asked and answer that question only. “Volunteering information, for any reason, will not aid in speeding things up,” Hicks said. “Often, it leads to longer testimony because it opens up other areas that require questioning.”
  5. Don’t rush to answer
    Once an attorney asks the question, wait five seconds before answering. “This allows two things to happen,” Hicks said. “First, the defending attorney has an opportunity to cleanly object without speaking over you. Second, it allows the attorney asking the questions to get her full question out.”

Have a question about this or a similar situation in your organization?

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Warrick & Boyn, LLP, is a full-service law firm in Elkhart, Ind., that practices in all areas of business and corporate law. Areas of practice include commercial litigation, creditors’ rights and bankruptcy law, labor and employment law, defense litigation, securities law and regulation, worker’s compensation defense, education and school law, EEOC law, employee benefits law and pension plans, environmental law and regulation, tax and estate planning, municipal law, and property and real estate law. The firm’s clients are located primarily in northern Indiana and southwestern Michigan, and most of the attorneys are licensed to practice in both Indiana and Michigan.

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