INFORMATION FOR CLIENTS - RE: DEPOSITION

PRACTICAL POINTERS FOR DEPONENT

1. Tell the truth.

2. Think before you speak.

3. Answer the question.

4. Do not volunteer information.

5. Do not answer a question you do not understand.

6. Talk in full, complete sentences. You only know what you have seen or heard.

7. Do not guess.

8. Be as specific or as vague as your memory allows, but stick to your true recollection.

9. Do not explain your thought processes.

10. In testifying on conversation, make it clear whether you are paraphrasing or quoting directly.

11. In answering questions calling for a complicated series of events or extensive conversations, summarize.

12. Never characterize your own testimony

13. Avoid all adjectives and superlatives.

14. Do not testify as to what other people know unless you are asked about it specifically.

15. Do not testify as to your state of mind unless you are specifically asked about it.

16. If information is in a document which is an exhibit, ask to see the document.

17. If information is in a document which is not an exhibit at the deposition, answer the question, if you can recall the answer. Do not tip off the examiner as to the existence of documents he does not know about.

18. Do not let the examiner put words in your mouth.

19. Do not answer a compound question unless you are certain that you have all parts of it in your mind.

20. Pay particular attention to the introductory clauses preceding the actual question.

21. Use all recesses to follow counsel to a place where we can confer in private.

22. If you are interrupted, let the lawyer finish his interruption and then firmly but courteously state that you had not finished your answer to the previous question.

23. If you are caught in inconsistency, do not collapse.

24. Do not adopt an examiner's summary of your prior testimony.

25. If you are finished with an answer and the answer is complete and truthful, remain quite. Do not expand upon it.

26. Do not agree to supply any information or documents requested by the examiner.

27. If there is an objection to the question, listen to the objection very carefully.

28. Never express anger or argue with the examiner.

29. Do not expect to testify without the other scoring points.

30. Avoid any attempts at levity.

31. Avoid even the mildest obscenity. Avoid absolutely any ethnic slurs or references which could be considered derogatory.

32. There is no such thing as "off the record".

33. If the examiner appears totally confused about your business and its technical aspects, do not attempt to educate him.

34. If you do not remember something, say so.

35. If you are asked about a document marked as an exhibit at a deposition, read it before testifying.

36. If you are hit with a flash of insight or recollection while testifying and this has not been previously discussed with counsel, hold this to yourself, if possible, until you have had an opportunity to go over it with counsel.

37. Every witness makes mistakes on a deposition.

38. Confer with counsel at your convenience.