Depositions

When a witness testifies, it is our practice at Rinke-Noonan to provide the witness with information about the deposition process. We find that these ten rules work well for most witnesses. Most witnesses want to tell the truth. In fact, sometimes witnesses worry that lawyers will want them to do something special, but the fact is that we, like most lawyers, just want you to relate the facts exactly as they occurred.

Rule 1. Tell the Truth. This rule trumps all other rules. We like to win cases, but we like to win with the truth. You should always tell the truth.

Rule 2. Listen to the Question. Your job in a deposition is to give truthful answers to the question. If you don't hear the question, or if you don't understand the question, you can't answer it properly. If you don't understand the question, say so. I'm sorry, I don't understand the question.

Rule 3. Answer the question, and only that question. Your job in a deposition is to give truthful answers to the question. Nobody wants you to talk about things outside the question. Your question should be complete and truthful, but you should not go beyond the question.

Rule 4. Answer clearly and out loud.

• If the question asks for yes or no, answer yes or no, if you can do so truthfully.

• The court reporter can take only one person's statements at a time. Wait for the questioner to complete the question before you start. That way you won't talk over the question. Also, if you wait to the end of the question, you will be sure to hear the whole question. Don't anticipate the question. Don't guess what the question is going to be.

• Answer clearly. Yes should be yes. No should be no. UhHuh and UhUh sometimes get confused, so that the court reporter takes down your answer incorrectly. Nodding can be confusing too.

Rule 5. Don't give a why answer to What, When, or Where. If you are answering "because," you are probably violating this rule. Most questions don't ask you why. Most questions ask what happened, when did it happen, or where did it happen. If you aren't asked why, don't discuss why; you are just burning up transcript. If you are asked whether you went to church on Sunday, say yes or no, not "Well, I really wanted to watch the Super Bowl, and I usually go to church, but ..... Just say no. If the reason is important, your lawyer will bring the reason out at trial or at another stage of the proceeding.

Rule 6. It is ok to estimate. You can make helpful estimates and explain that you are estimating. The population of New York is "about ten million." "I don't know exactly how fast, but it was more than thirty miles an hour." "I don't remember exactly when, but it was before Thanksgiving." But don't speculate, or make wild guesses.

Rule 7. Its ok to pause and think. You don't have to snap out your answers at once. If you need to pause to think, that is ok. We will wait. Take the time you need to give a truthful answer.

Rule 8. Don't Get Angry. The lawyer on the other side, in most cases will be polite. But if something offends you, count to ten, or take a break. Sometimes the lawyer doesn't mean to be offensive.

Rule 9. If you don't know, say "I don't know." You don't know everything about the case. Other people will supply information too. If you don't know, just say so, because that's the truth.

Rule 10. Don't try to win the case. Its not your job to win the case. In fact, that's too much work in a deposition. You have all you can do just to listen to the question, pause and think about the answer, and then answer the question accurately. When you are on the witness stand, your only job is to tell the truth.

If you need a break, take a break. Sometimes people lose their concentration, or need a bathroom break. Just say, I need a short break.

Don't forget Rule Number 1.