What not to say at a deposition
What questions Cannot be asked in a deposition?
Which Questions Shouldn’t I Answer in a Deposition?
- Private information. You have a right to refuse any questions about a person’s health, sexuality, or religious beliefs (including your own). …
- Privileged information. …
- Irrelevant information.
Can you say I don’t know in a deposition?
Do not offer to fill in or provide information later. Only answer the question if you know the answer. “I don’t know” is a perfectly good responses (as long as it’s the truth). “I don’t remember,” “I don’t recall,” and “I don’t recall at the present time” are all perfectly good responses.
Can you be rude during a deposition?
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.
What do I say if I don’t want to answer the court?
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.
Why do people say I don’t recall?
Unlike saying “I don’t know,” which affirmatively states a lack of any knowledge, not recalling something implies that you may or may not have ever known anything, but as you sit there, you are unable to call forth a specific recollection. You may know, you just don’t remember at the moment.
Can you refuse to answer a question in a deposition?
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).
Can you plead the Fifth in a deposition?
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.
Can I refuse to give a deposition?
In the case of a deposition, since it must be requested through the issuance of a subpoena, choosing to not give testimony when formally requested may result in punishment for contempt of court, under the provision of Rule CR 37.
What do you wear to a deposition?
In most cases, slacks (black, brown, or khaki) and a long-sleeved dress shirt are the best option for a deposition. Not too casual. Do not wear jeans, shorts, sneakers, sandals, or head wear. Long pants, dress shoes, and a belt or suspenders are top choices.
Can I object in a deposition?
You can object to the form of a question in deposition. For certain form questions, if you do not objection at the deposition, it is waived at future hearings. So speak now, or forever hold your objection. An Attorney objecting to the form of a question is asking the other attorney to clarify a specific point.
Can I object to questions in a deposition?
Objections You Can Make in a Deposition
Even though the same rules do not apply to depositions as to testimony given during a hearing or during a trial, attorneys can and do object to some questions during a deposition.
Can you object at a deposition?
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.
Can you ask leading questions in deposition?
You should not ask only leading questions at a deposition. In some jurisdictions it may be considered improper as to form to ask leading questions at a deposition. That aside, leading questions are great for getting commitments but they do not serve the other purpose – getting discovery.
Can a deposition be done over the phone?
Both the state and federal versions of Rule 30 allow telephone depositions. But telephone depositions are the exception, not the rule. Before a telephone deposition is taken, the parties should stipulate in writing to the use of a telephone or get the Court’s permission to conduct the deposition telephonically.
Should deposition questions be open ended?
A lot of time in depositions, since there’s no jury there, the deposing lawyer gets out of the habit of asking leading questions, and just asks open ended questions. Leading questions suggest the answer that you expect to get and literally “lead” the witness. An open ended question does not suggest the answer.
Can a witness bring notes to a deposition?
You should not bring any notes, diaries, or other records to help you state your case during a deposition unless they have been thoroughly reviewed by your attorney. This is because any document you produce may be examined by the opposing counsel, and can potentially be used against you.
What are three types of objections?
The Three Most Common Objections Made During Trial Testimony
- Hearsay. A common, if not the most common trial objection to a trial testimony objection is hearsay. …
- Leading. A close second objection is to leading questions. …
- Relevancy. The last of the three (3) of the most common objections is relevancy.