Barsalou & Associates, P.C.   Attorneys at Law                                                   
 

   713-652-5044 

Things to Remember When Giving Your Deposition

Think about what you are trying to accomplish in the lawsuit. For example, if your lawsuit is claiming that the other side's actions are going to put your company out of business, don't testify in your deposition that nothing the other side does will ever affect you or harm your business.

Tell the truth. Your attorney will best be able to help you if you tell him both sides of the case and let him attempt to deal with the negative aspects of the case. If you purposefully make a false statement in your testimony either in deposition or in trial, you are committing perjury, which is a crime. Additionally, if the jury believes that you are lying to them about anything, they will not trust your testimony on anything else and you will likely lose your case because of it.

Don't lose your temper. The other attorney will probably treat you with courtesy and respect. If he does not, your attorney will likely object. However, you should not lose your temper, try to be clever, use sarcasm, or otherwise be openly hostile. The jury may see your negative attitude as directed to them rather than to the opposing attorney. Additionally, if the other attorney is not careful, his bad behavior will affect how the jury views him and his client.

Take your time. Take enough time to answer to (a) think about exactly what the question is asking, (b) give your attorney enough time to object, if necessary, and (c) answer only the question that is asked.

Think damage-control, not victory, at your deposition. Don't make the mistake of thinking that you are going to force a settlement because of your scorching testimony.  You may think that once the other side's lawyer hears what you have to say, he or she will be moved by the justice of your cause and insist that his client surrender.  Remember that the other lawyer is not sitting as a judge or impartial party.  He makes his living arguing his clients' positions.  Don't forget that the other lawyer, despite the fact that he may be the most polite human being you have ever encountered, is trying to destroy your case, your testimony or maybe your company or bank account.

Use short answers. You are not trying to "win" at your deposition; you are trying to give the shortest nonevasive answer possible to each question.  Don't go rambling along with a long-winded answer when a few words will do.  This does not mean being evasive or avoiding the question, which will make you look untrustworthy.

No prompting. Your attorney cannot help you by nodding or shaking his head or otherwise signaling what the best answer should be.