Physician's Guide to Medicine - Deposition

What is a deposition?
For what is a deposition used?
What are some things to keep in mind when giving a deposition?

What is a deposition?

It is where questions are asked of a party or potential witnesses in a lawsuit, where the answers are given under oath and recorded by a court reporter. Some depositions merely require that documents be produced.

For what is a deposition used?

It is used for finding the facts in a particular case. Once you have been deposed, if at trial you change your testimony, your deposition testimony may be used to call your credibility into question. Your testimony also gives the attorneys an opportunity to develop facts and evaluate the case.

What are some things to keep in mind when giving a deposition?

(1) Be truthful;

(2) Answer the question only after you have fully heard it, under-stood it, and have had an opportunity to form the answer in your mind;

(3) Answer only the question asked;

(4) Do not volunteer information not requested by the questioner;

(5) If you do not understand the question, ask for clarification;

(6) Answer questions based on your own first-hand knowledge;

(7) Avoid the use of absolute words such as "always" and "never;"

(8) Do not state what your thinking is, or what your opinion is, unless you are asked;

(9) If you need to see a particular document which is an exhibit at the deposition, ask to review the document before answering the question;

(10) Do not let the questioner put words in your mouth;

(11) If you are interrupted while answering the question posed to you, let the attorney finish his interruption, then state that you were interrupted and complete your answer to the question;

(12) Stop after you have answered the question to the best of your ability;

(13) Do not agree with the questioner to supply any documents; that is something which your lawyer will decide;

(14) If your lawyer objects to a question asked of you, listen very closely to the objection;

(15) Do not argue or fight with the questioner;

(16) Take the deposition very seriously, and do not engage in any levity;

(17) Remember that everything you say is being recorded and may be used against you in trial if you are a defendant in the action.