What is Expected of Me in a Deposition – Whether My Case or Someone Else’s?

The Court Expects You to Be Respectful.

The Court Expects You to Be Honest.

You may want to take a look at this article about preparing for a deposition. I recommend taking a look at notes, documents, whatever else you need in order to get the store straight in your head before going into the deposition.

You are Expected to Be Credible.

Wait! If I’m honest, won’t I automatically be credible? Unfortunately, no. Getting your story, including dates, times, and who did what, straight in your head, definitely helps with credibility. Credibility involves not just being honest, but also being reliable. Does your version of the story make sense? Do the pieces fit together? Did you give enough detail to make your story believable?

What is Expected of Me in a Deposition When it is My Case?

Everything above, plus…

Your Lawyer May Want You to Get Key Points Across.

Ask your lawyer directly! What is expected of me in a deposition?

Sometimes, evidence of a key point is missing from the case. For example, I recently had a case in which my client was hurt by a jagged metal object sticking out of a cart in a hardware store. The hardware store had sent some letters to me leading me to believe that my client’s injury was not their fault.

Let us take a step back, here. It is not always the store’s fault if someone gets hurt at the store. The store also needs to have known or at least should have known of the danger that caused the injury. Let us say, for instance that you drop a bottle of jelly on a grocery store floor, and then slip in the jelly, fall and get hurt. That is not the grocery store’s fault because they did not know about the danger (the jelly on the floor) and we cannot say they should have known (because it just happened).

Now, back to our story about the hardware store. I knew we needed some evidence that the hardware store knew that there was a cart with a sharp metal object sticking out the bottom. I told my client to be clear in his deposition that there were several carts all sitting together in one aisle, they were all facing the same way, they were all pretty well stocked, and there was no one else in the aisle. That would lead a regular person to the conclusion that all three carts were pick up orders that were being put together by an employee. If the employee was putting the carts together, the store should have known what was on them, including the sharp object that cut my client’s leg.

Before going into a deposition, find out from your lawyer if your case is missing any key evidence. You do not want to gloss over important information. You also do not want to fail to say key details.

Your Lawyer Expects You to Be Likable.