Giving formal deposition testimony can be stressful if you are not prepared. If you are anxious or insecure, those emotions will affect your appearance and can negatively affect your credibility. He may seem evasive or unable to remember, when in fact he is too nervous or too surprised. Here are some ways to maximize your deposition performance:
1. Watch a training video for witnesses facing statements. There is nothing like “being there”. Your attorney must provide you with such a video if you request it. Several companies produce these “getting ready” videos. The video must simulate a real deposition process. You should point out the pitfalls and opportunities in how to answer the questions.
2. Ask your attorney questions about the process well in advance of the deposition date. What are the issues in the case and how will the attorney taking the plea likely address those issues in the plea? You can be sure that the attorney is looking for more than just information. She or he wants “admissions” that the attorney can use to make or break the case. An admission could be, for example, in an employment case, the answer “Yes” to the question: “Do you hereby agree to [Exhibit “A”] that you were an “at-will” employee?”
3. Listen carefully to the scope of the question. Just answer the question. Avoid blurting out long answers. They only invite more questions that travel down trails you had better avoid.
4. Practice a mock deposition with your attorney and let your attorney “manipulate” you a bit with aggressive or tricky questions. That is the best way to learn. Your attorney should start such a prep session, but if he doesn’t, ask for it.
5. No matter what happens, stay friendly and courteous. Avoid being sarcastic or argumentative. Being rude or angry will cost you points with the judge or jury. Most statements are now recorded on video, so you can anticipate that your face will tell a story, as will your words.
6. Lawyers can ask the dumbest questions or the most complicated, complex and confusing questions. If you get a question that you don’t fully understand, don’t answer the question. Instead, ask for clarification, explaining that you don’t understand the question.
7. If you need time to fully review a document presented to you in deposition, take the time. Don’t be too quick to answer questions about a document you don’t remember or haven’t fully reviewed.
8. Memory is notoriously poor over time. Do not claim with certainty that you remember things that you cannot remember clearly. Say instead: “I don’t remember” or “My best guess is…” Avoid guessing.
9. Be rested and as focused as possible. Not be under the influence of medications. If you are tired during the bowel movement and cannot concentrate, ask for a break.
10. If the attorneys object, let them complete the objection for the record and, unless your attorney tells you not to respond, complete your response. If the attorneys get into a shouting match or engage in a lengthy exchange of arguments over a point of law on the record, let them finish while you patiently wait for an answer to a question.
These ten points will not make the process particularly fun, but they will give you a greater sense of confidence and control to complete the process favorably in your case. Not listed is the best obvious advice of all: tell the truth.