Have you been involved in the litigation of a personal injury or medical malpractice case?  Are you pursuing compensation through our legal system for an injury you sustained?  If the answer is yes, this post is for you.  

So, what exactly is a deposition?  A deposition is a process of interviews that allows both sides of the case to “discover” what will likely affect the case based on the testimony of the witnesses, including potential experts.  Depositions will usually take place in an attorney’s office, in the conference room with a court reporter that will dictate the proceedings.  As an expert witness I have been involved in several depositions.  Most take place in a conference or other meeting room and are attended by both plaintiff and defense attorneys as well as the court reporter.

Instructions will be given to speak clearly and to avoid ‘umms’, ‘uh’s’, and ‘huh’s’ due to the fact that it makes reading the deposition difficult and distracting.   Instructions will also be given to avoid answering questions with nonverbal means, like nodding of the head or shrugging of the shoulders.  The court reporter has a difficult time translating the information if it is nonverbal in nature.  Be careful to wait until the complete question was asked before answering or the court reporter will have to interject your answer in mid question. 

The following are additional recommendations to keep in mind when you are in the deposition position:

1.  Listen to the instructions carefully.  If there is something you don’t understand, ask!
2. Take your time to answer the question.
3. Answer the question only.  Do not elaborate.  Keep it short!
4. If your attorney objects to a question, stop talking immediately.  Your attorney knows what is best for your case.
5. Don’t make jokes, use sarcasim or try to be cute!  That only implies that you are nervous and uncertain of your case.
6. Silence is golden!  Don’t fill the air with rambling or jokes….make them sweat it out for you.
7. Maintain eye contact.  It will show you are confident and that you cannot be intimidated.
8. Avoid getting angry!  If a question upsets you, don’t react from your gut.  Take a break!
9. Take a break!  This cannot be said enough.  You have a right to request a break at any point during the deposition.
10.  Attorney-client privilege.  What you say to your attorney stays with your attorney.  Don’t volunteer information.

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