It is Okay to Say “I Don’t Know” in a Deposition (Video)

It’s Okay to Say “I Don’t Know” in a Deposition

For many people, a deposition is one of the most intimidating parts of a lawsuit. Sitting across from an attorney, answering questions under oath, and knowing that every word is being recorded can create significant anxiety. As a result, many witnesses and plaintiffs feel pressure to have an answer for every question.

The truth is that one of the most important things you can remember during a deposition is this:

It’s perfectly okay to say, “I don’t know.”

In fact, saying “I don’t know” when you genuinely do not know the answer is often the best response you can give.

What Is a Deposition?

A deposition is a formal question-and-answer session that takes place before trial. Attorneys for both sides have an opportunity to ask questions, and the witness answers under oath. A court reporter creates a written transcript of everything that is said, and in some cases the deposition is also videotaped.

The purpose of a deposition is to gather information, evaluate testimony, and learn what witnesses know about the facts of the case.

A deposition is not a test. You are not expected to know every detail, remember every date, or have an answer to every question.

The Pressure to Fill the Silence

Many people are uncomfortable with silence. When asked a question, they feel compelled to respond immediately, even when they are unsure of the answer.

This can create problems.

Imagine an attorney asks:

“Do you remember exactly what was said during the meeting three years ago?”

You may think:

“I’m not sure, but I think it was something like this…”

The problem is that guesses, assumptions, and estimates can later be presented as if they were facts. Opposing counsel may compare your testimony to documents, emails, or other evidence and argue that your recollection is inconsistent.

If you do not know, do not remember, or are uncertain, it is far better to say so.

Honesty Builds Credibility

One of the most valuable assets a witness can have is credibility.

Jurors, judges, and attorneys understand that human memory is imperfect. People forget details. They confuse dates. They cannot recall every conversation they have ever had.

What damages credibility is not a lack of memory—it is pretending to know something that you do not.

A witness who freely admits when they do not know an answer often appears more trustworthy than someone who insists on answering every question, regardless of whether they actually know the information.

Honesty creates confidence in your testimony.

“I Don’t Know” Is Better Than Guessing

Some witnesses worry that saying “I don’t know” will make them appear uninformed or unprepared.

The opposite is usually true.

A deposition is about facts, not speculation.

When a witness guesses, several problems can occur:

• The guess may be incorrect.
• The witness may later remember additional information that appears inconsistent.
• The opposing attorney may treat the guess as a definitive statement.
• The inaccurate answer can create unnecessary confusion.

If you genuinely do not know the answer, saying so prevents these problems before they occur.

Remember: your job is not to help the attorney asking questions. Your job is simply to tell the truth.

“I Don’t Remember” Is Also Acceptable

There is an important distinction between not knowing and not remembering.

For example:

• “I don’t know” means you never knew the information.
• “I don’t remember” means you may have known it at one time but cannot recall it now.

Both answers can be appropriate when truthful.

Many events that become the subject of litigation occurred months or even years before a deposition takes place. It is entirely normal not to remember every detail.

Do not feel pressured to reconstruct events from memory if you genuinely cannot recall them.

Listen Carefully and Answer Only What Is Asked

Another common mistake is volunteering information beyond the question asked.

Take your time.

Listen carefully.

Pause before answering.

If you understand the question and know the answer, answer it honestly and briefly.

If you do not understand the question, ask for clarification.

If you do not know the answer, say, “I don’t know.”

If you cannot remember, say, “I don’t remember.”

Simple, truthful answers are usually the best answers.

Preparation Matters

Before a deposition, your attorney will typically discuss the process with you and help you understand what to expect. Good preparation can reduce anxiety and help you feel more comfortable.

One of the most common pieces of advice experienced attorneys give clients is this:

Never guess.

A deposition is not an exam where every question requires an answer. It is a fact-finding process designed to uncover what you actually know.

Conclusion

If you are preparing for a deposition, remember that honesty is your greatest asset. You are not expected to have a perfect memory, and you are not required to speculate or guess.

When you know the answer, answer truthfully.

When you do not understand a question, ask for clarification.

And when you genuinely do not know the answer, it is completely acceptable—and often advisable—to say:

“I don’t know.”

In a deposition, the truth is always the right answer.

Are you getting ready for a deposition? You may also find the following article helpful: How to Prepare for a Deposition – Beck Law Center