Some of the Most Commonly Asked Deposition Questions

A deposition is used to gather accurate pre-trial information to discover what a witness may know. The testimony is preserved for later use in court. Depositions are usually conducted in an attorney’s office and also involves a court reporter who keeps a verbatim record of whatever is said during the testimony. The witness is under oath and must answer all questions posed by the deposing attorney.

A subpoena is a written order that legally binds a party to provide testimony on a specific issue about a case. For a deposition subpoena, your lawyer has to present a sworn statement for the trial. If you don’t want to give a deposition, you can communicate this to the judge in advance. Refusing to give testimony when formally requested may result in a penalty for contempt of court.

In some legal disputes, the parties may be able to reach a mediation or an agreement without the need for a trial. However, depending on the case evidence and the testimony given during the deposition, mediation might be attained immediate, or the parties might engage in lengthier negotiations before deciding.

Most depositions fall in the two-hour range, but they can last from one hour to several days. A lot depends on how complicated the case is as well as the witness giving the deposition. The lawyer’s experience may also affect the length.

Before a deposition, review the records and facts of the case and have a clear understanding of opposing counsel’s goals and strategies. Prepare thoroughly with your attorney because opposing counsel will be sizing you up as a witness. Approach the deposition with humility, confidence, and a good understanding of how to answer difficult questions honestly and skillfully.