Can I refuse to answer questions at a deposition? In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).
As silly as it may seem, there is. The darker the suit, the better. Light colored suits (such as blue, light gray, tan, maroon, green, or other colors) are not viewed as formal, so it is best to avoid them.
How Do Depositions Work in California? Despite what most people may imagine, depositions are not taken in courtrooms. … Deposition definition is a serious procedure, and everything said at a deposition is considered extremely important. The question-and-answer session takes place while the deponent is under oath.
Depositions are not a trial.
The scope of questions is unlimited, and attorneys have the right to ask broad questions on topics that may seem irrelevant. Many topics covered in Depositions are not admissible at trial. You must answer all questions unless your attorney instructs you not to.
On the flip side, as discussed in an earlier post, many attorneys are under the false impression that they can lead any witness on “cross-examination” in deposition. This is false. … The attorney may get impatient and insist that they are permitted to lead the witness on “cross-exam,” but just keep objecting.
The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.
The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn’t do anything wrong.
If your answer was not correctly stated, correct or clarify it immediately. Don’t say, “that’s all of the conversation” or “nothing else happened.” Instead say, “that’s all I recall” or “that’s all I remember happening.” It may be that after more thought or another question, you may remember something important.
If you find that the deposing attorney is harassing the witness or is taking the deposition in a manner which “unreasonably annoys, embarrasses or oppresses” the witness, you can suspend the deposition. … The deposition officer must suspend taking testimony upon such a demand.
Objections in depositions: Whenever necessary, the defending attorney raises deposition objections to prevent the witness from providing misleading, confusing, or inaccurate testimony. Generally, proper deposition objections may be made on the grounds of form, relevancy, or privilege.
There aren’t too many options if you have been subpoenaed to a deposition. 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.
Don’t prepare notes, documents or diaries: You cannot use any notes, diaries or any other documents to assist you during your deposition unless the document has been approved by your attorney prior to the deposition. … If so, you should bring three copies of the documents.
You must listen to the question – the entire question – that is asked. It is natural to be nervous during depositions. Nervousness often increases heart rate, blood pressure, and makes concentrating difficult.
Behave in a calm, professional manner — don’t let your emotions get the best of you. When the judge speaks to you, look her in the eye and reply in a respectful tone. Stand up when addressing the court. Get to the point quickly when presenting your facts.
To maintain the dignity of the Court, the Court requests that the following list of minimum standards regarding appropriate dress be met before entering the courtroom. 1) Men should wear a shirt with a collar and long pants. (Jeans are acceptable). 2) Women should wear a dress, or a blouse and skirt or long pants.
Deposition testimony may be used, in limited circumstances, at trial in lieu of a live witness. … Recent cases are replete with examples of attorneys engaged in improper deposition conduct, such as acting rudely toward opposing counsel or asserting improper objections to interrupt the flow of information.
A deposition can last anywhere from 30 minutes to 8 hrs. If the plaintiff’s attorney doesn’t finish asking all the questions, the deponent may be called back on a later date to finish the deposition.
Usually the party that asks for the deposition will pay the deposition costs of the transcriptionist and for the room if space has to be rented out. This can be very expensive, into the thousands of dollars depending on how many witnesses there are and how long the depositions last.
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.
Usually, the only people present at a deposition are the deponent, attorneys for all interested parties, and a person qualified to administer oaths. Sometimes depositions are recorded by a stenographer, although electronic recordings are increasingly common. At the deposition, all parties may question the witness.
In discovery, both sides ask questions that they believe will help prove or disprove the case. The questions come in the form of: Interrogatories – These are written questions that are filed with the court. … Generally, depositions go forward after interrogatories are finished and documents have been provided.