Facing a deposition can be a daunting experience, especially if it’s your first time. You might feel overwhelmed by the thought of being grilled by opposing counsel, worried about making a mistake, or anxious about how you’ll perform under pressure. It’s natural to feel a mix of fear, uncertainty, and stress as you prepare to recount complex events and face probing questions. This guide from the NJ employment lawyers at Hamilton Law Firm is designed to help you navigate the deposition process with confidence, offering practical tips for deposition witnesses to ensure you’re prepared, composed, and ready to present your story effectively.
The Basics of the Deposition
What is a Deposition?
A deposition is essentially a question-and-answer session where the opposing attorney will ask you questions under oath. Although it’s not held in a courtroom, it is a formal legal proceeding. Typically, the only people in the room are the attorneys, the parties involved (you and someone from the other side), and a court reporter who transcribes everything that is said. The purpose is to gather information that may be used later in court, so it’s crucial to be prepared.
Theory of the Case
Before your deposition, you and your attorney will discuss the theory of the case. This is the central narrative or theme that will guide your responses. It’s important to stay close to this theory during your deposition, as it helps maintain consistency and focus. Know the key facts as outlined in your Complaint and answers to Interrogatories, and always circle back to your theory when answering questions.
Objectives
Your deposition is a dress rehearsal for trial, where the opposing side evaluates your performance as a witness. They’ll be watching to see if you can stay cool, calm, and collected under pressure. Your goal is to present yourself as a credible and reliable witness, someone who can be trusted by the judge and jury.
The Setting
Depositions may be conducted in person, over Zoom, or via video or audio recording. If it’s in person, expect to be seated in a large conference room opposite the opposing counsel, with the court reporter next to you. If it’s on Zoom, make sure you’re in a quiet, professional setting, and be aware that any video recording can be used in court.
Questioning
During the deposition, opposing counsel may try to trip you up by asking the same question in different ways. It’s okay to pause, think, and then respond. The court reporter will only record your words, not how long you took to answer, so take your time to ensure your answers are accurate and clear.
Preparation Tips for Deposition Witnesses
1. Dress professionally but comfortably. Relax, and remember, this isn’t a fight. This is your chance to tell your story.
2. Be prepared for this key question. When you are deposed, you’ll be asked how you prepared for the deposition. You can say you spoke with your attorney and reviewed documents (i.e. complaint, interrogatories), but you cannot disclose details of those discussions.
3. Visualize a timeline. As you prepare for the deposition, mentally map out a timeline of events, carefully accounting for each incident. Have that mental image in your mind as you answer the questions. The opposition has the right to look at any notes or documents you may bring, so don’t bring anything to the deposition unless we have talked about it ahead of time. Anything that you bring to the deposition can become evidence in your case: meaning any notes for timelines can and will be used against you.
4. Manage stress with preparation. We will meet several times prior to your deposition so that you are prepared for the process, the questions, and the experience. Depositions are court proceedings – meaning they are stressful. We will work together to manage and mitigate the stress with preparation. Going into the deposition, it’s natural to feel nervous and scared – but we will make sure you do not feel unprepared.
5. Get a good night’s sleep and eat a good breakfast. You should expect the deposition to last at least 8 hours, and while we will take breaks, you should treat this like a marathon, not a race. Make sure to eat a hearty breakfast the morning of the deposition but not something that may upset your stomach.
Your Demeanor During the Deposition
It’s crucial to remain professional, respectful, and calm. The opposing counsel may try to provoke you into reacting emotionally, but it’s important to maintain your composure. Speak slowly and clearly, listen carefully to each question, and take your time to respond. Remember, this is your opportunity to present yourself as a credible and trustworthy witness.
Answering Tips for Deposition Witnesses
1. Don’t rush to fill silences. After you answer a question, stop talking and wait for the next one. It’s a common tactic for opposing counsel to remain silent to prompt you into saying more than necessary.
2. Pause and consider. The transcript does not record pauses in time, only your words. After a question is asked, take a moment to evaluate the question, ensuring you understand it and that your answer is thoughtful and accurate. Then, respond slowly and clearly. Pausing also allows your attorney to raise an objection, if necessary.
3. Avoid non-verbal communication. Stick to verbal answers, as the court reporter can only transcribe what you say, not gestures or expressions.
4. Keep it clean! Avoid profanity or offensive language.
5. Stay alert for this common trap. The opposition will always ask “is that all?” at the end of an answer that requires a list. You should answer “That’s all I can think of at this time,” leaving room to add more later if necessary. The goal of this question is to limit your answer in the deposition so you cannot give additional information later without being accused of lying.
6. Restate your points in your own words. Don’t agree with misleading statements. If they try to trap you with a question, correct them and restate your point. For instance, if they ask “What phone were you using when you were driving on Jan 6?” they are trapping you into admitting that you were using a phone while driving on Jan 6. You can stop them and say, I wasn’t using a phone while driving on Jan 6.
7. Stay cool. They will try to trap you and rattle you into getting you angry. If you start feeling upset, ask for a break. It’s important to stay composed.
8. Admit when you don’t know. It’s better to say you don’t know the answer than to guess.
9. Ask for clarification. If you don’t understand a question, ask them to rephrase or explain it.
10. Focus on the question. Only answer what’s asked, but ensure your side of the story is clear and concise.
Navigating Your Deposition with Confidence – Hire NJ Employment Lawyers
A deposition is a critical part of the legal process, and your presentation can impact the outcome of your case. By following these tips and preparing thoroughly, you can face your deposition with confidence, knowing that you’re well-prepared to present your side of the story. If you’re facing a deposition and need expert legal guidance, contact Hamilton Law Firm. Our experienced NJ employment lawyers are here to support you every step of the way, ensuring that you’re ready to navigate the deposition process with clarity and poise.