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How to Prepare for a Deposition

Attorney Kimberly Beck

Have you been subpoenaed to appear for a deposition? Does that make you nervous? This article will tell you how to prepare for a deposition. If you are ready for the next step, participating in a deposition, take a look at this article.

1. Make Sure You Are Ready to Bring Your “A Game.”

Think of all that advice you received when you were preparing to take the SATs or your Driver’s License test.  Get a good night’s sleep the night before.  Eat a Good Breakfast.  Wear Comfortable Clothes.  That advice applies to depositions too. You already know you are at your best when you get a good night’s sleep, but you can see this article for more scientific support of the value of a good night’s sleep.

2. Find Out if Your Deposition Will Be Recorded by Only a Stenographer or a Stenographer and Videographer.

You can find out by looking at your subpoena or deposition notice.  You can also call your lawyer if you have one.  Otherwise, you can call the lawyer who is going to depose you.

If you are being recorded by a videographer, please remember that the video of your deposition may be played to the jury.  Dress accordingly and plan to behave in the deposition as you would if you were in front of the jury. You may also want to take a look at this article about how to dress for a video deposition.

3. Look Over Any Documents that May Jog Your Memory.

This helps frequently in a case involving medical records.  First, it can help job your memory about details and timeframes and the like.  Additionally, your medical records may be entered as an exhibit in your deposition.  The attorney who is questioning you might ask if you have any reason to believe anything in your medical records is inaccurate.  If you looked at your medical records a few days before the deposition and see inaccuracies, which you probably will, you can testify that you saw inaccuracies when you reviewed

4. Tell Someone the Story.

I am not suggesting that you make a speech or write it out or practice it word for word.  However, telling someone the story of what happened may help you get the series of events in order in your mind.  It might also job your memory.  Also, let your listener ask questions.

5. Talk to Your Lawyer About How to Prepare for a Deposition if You Have One.

This may sound obvious, but a lot of lawyers are involved in so many depositions they forget that this might be a new experience for the client.  Your lawyer might be able to give you some suggestions that could be helpful to your case or at least help quell anxiety.

6. Prepare Your “Depo Bag.”

Pack a snack and your favorite drink.  Sadly, I apparently have to note that when I suggest you can bring a drink, I mean a non-alcoholic drink.  I recently read a transcript involving a person who started drinking wine during questioning.  Do not be that person.

You will probably (but not certainly) be able to get a glass of water or a cup of coffee at the deposition location.  If you might want to drink anything else, you should bring it.  For example, I prefer La Croix water and if I get tired, I like to have a coke.  I would bring at least one can of each to a deposition.

Kim Beck

Attorney Kimberly Beck

Cincinnati, Ohio

Attorney Kim Beck is the managing member of Beck Law Center, located in Cincinnati, Ohio.  She has 15 years of experience as an attorney, mostly on the defense.  She now represents plaintiffs in personal injury cases involving a variety of injuries caused by defecting drugs/ pharmaceuticals, medical malpractice, and other series accidents.  If you would like more information about her background and experience, please review her profile page.

Attorney Advertisement.  Beck Law Center provided this post as general information and should not be construed as creating an attorney/client relationship.  It may not reflect the current law in your jurisdiction.  It is not intended as a substitute for legal advice.  Further, this correspondence is not protected by privilege.  No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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