Preparing for your deposition can be a stressful and scary process, but it doesn’t have to be. Being prepared and familiar with the process is the best way to ensure your deposition goes well. A deposition is an opportunity for opposing counsel to take your sworn testimony under oath in the presence of a court reporter and your attorney of record. This means that any testimony you give in the deposition could be potentially put into evidence at trial. The court reporter will be taking down what is said word for word in the deposition to create a transcript for the record.
Thus, it is vitally important that you take a moment to think about the accuracy of your answer before you give it. Many people rush through the process trying to give an answer to every question. In a deposition accuracy is key. If you don’t understand a question ask the attorney to clarify or rephrase. If you don’t know the answer to the question it is best to say you don’t know the answer. It is also important to verbalize all of your answers and be clear in what your answer is. For instance, don’t shake your head or say uhuh. Just say yes or no.
Another thing important step you can take to prepare for your deposition is to review all of the answers and records you provided in discovery. The written responses you provided to the interrogatories are the most important thing you could review in preparation for your deposition. This helps you to remember any prior testimony you have given, may remind you of the timeline and facts of the case as well.
Finally, make sure that you are dressed appropriately for the occasion and wear what you would wear to an interview. You don’t want to wear anything too revealing or show off a tattoo at your deposition. The better the impression you give the higher the value that is assigned to your case. The defense attorney is evaluating your ability to articulate your damages and connect with a potential jury. You remaining calm under pressure and being able to recall important facts of your case will help assign additional value to your case.