How do you explain a deposition to a client?

Deposition Process and Guidelines
  1. Tell the truth.
  2. Speak audibly.
  3. Talk slowly.
  4. Think before you speak.
  5. Do not volunteer information; answer only the question that is asked.
  6. Be professional and polite.
  7. Take breaks as necessary (usually one per hour)
  8. If you do not understand the question, then ask for clarification.
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How do you introduce yourself in a deposition?

Introduce yourself to the court reporter, present your card and indicate whom you represent, e.g., “My name is John Doe and I represent the Defendant Samsung.” At the beginning of the deposition, take a few minutes to give the witness a complete set of instructions.
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How do you answer a deposition question?

How to Answer Questions in a Deposition: 5 Ways to Answer
  1. Always Tell the Truth. ...
  2. Listen to the Question in Detail. ...
  3. Dissect Any Compound Questions. ...
  4. Stand Up for Yourself During Questioning. ...
  5. Take Your Time Answering Deposition Questions. ...
  6. Admit to Mistakes or Inconsistencies in Your Answers.
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What do you say and not say in a deposition?

Here are a few things to pay attention to while you are giving your deposition.
  • Never Guess to Answer a Question. ...
  • Avoid Any Absolute Statements. ...
  • Do Not Use Profanity. ...
  • Do Not Provide Additional Information. ...
  • Avoid Making Light of the Situation. ...
  • Never Paraphrase a Conversation. ...
  • Do Not Argue or Act Aggressively.
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How do you do a good deposition?

Deposition Tips
  1. Be prepared. ...
  2. Think before answering. ...
  3. Never volunteer information. ...
  4. Make sure you understand the question. ...
  5. You must tell the truth. ...
  6. Don't get rattled or upset. ...
  7. Don't guess. ...
  8. If you do not remember, say so.
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12 Do's and Don'ts of Depositions | How to Prepare Clients!



What are examples of deposition?

Deposition refers to the process in which a gas changes directly to a solid without going through the liquid state. For example, when warm moist air inside a house comes into contact with a freezing cold windowpane, water vapor in the air changes to tiny ice crystals.
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What kind of questions are asked in a deposition?

Common questions in this vein include:
  • How did you prepare for this deposition?
  • Have you spoken to anyone other than your counsel about this case? ...
  • What, specifically was discussed?
  • What documents pertaining to the case have you reviewed?
  • Did you meet with counsel for the other side prior to this deposition?
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What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.
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How stressful is a deposition?

Potentially one of the highest pressure, highest stakes public speaking situations is on the witness stand in a courtroom or during a deposition. Even the most experienced witnesses can feel anxiety, which left unaddressed can hinder their testimony.
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How do you handle a difficult deposition question?

How to Handle a Deposition: Advice from an OMIC Defense Attorney
  1. Tell the truth. ...
  2. Think before you speak. ...
  3. Answer the question. ...
  4. Do not volunteer information. ...
  5. Do not answer a question you do not understand. ...
  6. Talk in full, complete sentences. ...
  7. You only know what you have seen or heard. ...
  8. Do not guess.
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Is giving a deposition scary?

As scary as that may sound, it is actually a very simple event. A deposition is nothing more than a question and answer session where the opposing counsel asks you questions to learn about your case.
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Can you say I don't remember in a deposition?

If you are asked when something occurred and you know it occurred on January 15, do not state “about January, 15.” If you cannot recall, simply say “I don't remember.” Do not guess. Deposition witnesses often fall into the trap of feeling that they have to know the answer to every question.
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What objections can be made in a deposition?

A Consolidated List of Proper Deposition Objections
  • Hearsay. You're free to object to a question of hearsay during a trial. ...
  • Assume facts, not in evidence. It depends. ...
  • Calls for an opinion. ...
  • Speaking and coaching objections. ...
  • Privilege. ...
  • Form. ...
  • Mischaracterizes earlier testimony. ...
  • Asked and answered.
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How do you stay calm in a deposition?

Staying Calm, Collected, and on Course
  1. Tell the Truth – It helps to think of a deposition as nothing more than a discussion. ...
  2. Think First, Speak Second – Always consider the question and think over your answer before you speak. ...
  3. Keep It Short and Sweet – Your answers should be short, sweet, and to the point.
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What do you type at the beginning of a deposition transcript?

Page One – The first page of the deposition transcription must include all significant introductory information related to the court case such as the name of court, the district, and the division; the plaintiff's name, civil action number, the defendant's name, and a summary of the deposition.
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What is the point of a deposition?

The ultimate purpose for a deposition is to formally record questions and answers related to the case under oath. It helps an attorney establish what a witness or person in connection to the lawsuit knows while also preserving their testimony for later use.
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What does it mean to be deposed?

1 : to remove from a throne or other high position plotting to depose the king a deposed military leader. 2 : to put down : deposit deposing the sacrament in a carved recess— Francis Berry.
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What are interrogatories used for?

Discovery by interrogatories is a procedure whereby a party or its representative is required to answer in writing, and usually on oath, specific questions prior to the trial, which answers may be tendered against the answering party as evidence in the trial.
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Can personal questions be asked in a deposition?

What Should I Do If I Object to a Personal Question During the Deposition? The deposing attorney can ask any question he or she likes, but you do not necessarily have to answer them. If you believe that the attorney has asked an irrelevant question, you can object to the question, or ask your attorney how to proceed.
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Can you refuse to be deposed?

If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.
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Can you plead the 5th in a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.
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Do you know the questions before a deposition?

Count to five before you answer any question except “What is your name?” By counting to five before you answer, you have time to recap the question in your mind, make sure you know what question you are answering, formulate the basis of an answer, and give your attorney time to object if necessary before words start ...
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Can a settlement be made at a deposition?

Yes, it can. Most depositions won't be used for more than leverage to reach a settlement before a case goes to trial. A deposition can be used as evidence in court, but a settlement is usually the goal. This can be good or bad news depending on which side of a lawsuit you're on and how negotiations go.
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What happens after the deposition?

The Trial Happens (or a Settlement Is Agreed Upon)

After the deposition and any medical examinations are completed, your personal injury lawyer will keep negotiating with the insurance company. The goal is to reach an agreement on a fair settlement amount—without the need to go to trial.
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What are the 5 types of deposition?

Deposition from the five agents of erosion will now be further investigated.
  • Gravity. A landslide or mud slide usually occurs quickly, with the slide coming to a halt in a matter of minutes, leaving an area of destruction at the base of the slope affected. ...
  • Water erosion deposits. ...
  • Ice erosion deposits. ...
  • Wave erosion deposits.
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