What to Know If You're a Witness in a Deposition

Transcript of Video:

Marty : (00:01)
Hi, I'm Marty Pohl with Hessig and Pohl Law Office. If you're watching this video, it's probably because you've just found out that you have to be a witness in a deposition. I know you're sitting there thinking, what is a deposition? What kind of questions will I be asked? How should I answer those questions?

Marty : (00:20)
These are the types of things that people wonder and these are the types of things that make people worry about giving a deposition. My plan here is to give you information that will help alleviate some of that worry. I'm going to give you seven tips here today that'll help you feel very confident and comfortable when giving your deposition.

Marty : (00:39)
My first tip is understanding the point of a deposition. The deposition is an out of court statement that can later be used in a court proceeding. Now, attorneys like to use depositions because they get a sneak preview of what the testimony will be prior to a trial.

Marty : (00:55)
Attorneys on both sides will take depositions so that they can hear what a witness will later testify to. Now the attorneys will be using the testimony in that deposition to determine the strengths and weaknesses of each side's case. They're not only going to be looking at what is said but how it is said.

Marty : (01:16)
It's important that not only is your testimony strong in content, but how you deliver it. Argumentative witnesses, witnesses that have tough times clearly stating their points those are going to be viewed as weak witnesses and witnesses that will not present well at trial. You want to be a strong witness as you possibly can and some of the tips that I'm later going to give you will help you be a strong witness.

Marty : (01:46)
My second tip is preparing for the deposition. You should find out where the deposition will be held, which attorney will be taking the deposition, and how you should dress. Consult with your attorney prior to the deposition to find out all of these things. You are going to be judged based on how you present. Appropriate attire is going to be very important.

Marty : (02:11)
You should consult with your attorney in regards to any statements that have been made prior to the deposition. Oftentimes there will be written statements that have been made. There could have been statements that were given prior to the litigation process all together. You're going to want to review all statements that you have made prior to the deposition. So that you're aware of their existence and you're going to want to make sure that you stay consistent if in fact those prior statements were true.

Marty : (02:40)
If you were a plaintiff and this is your deposition, you really oftentimes only get one opportunity for your voice to be heard in the deposition is that. It really is like an audition to see if your case can get settled prior to trial.

Marty : (02:55)
My third tip is understanding the format of a deposition. The deposition is going to be an out of court statement, usually held at one of the attorney's offices where the attorney will ask you questions and you will be expected to answer those questions.

Marty : (03:13)
Now it's important that when answering those questions you try to remember three key things. You're going to want to be confident, you're going to want to be calm, and you're going to want to tell the truth. You're going to be sworn under oath so you're going to be obligated to tell the truth, but you want to tell the truth not just for that reason.

Marty : (03:35)
One, telling the truth is going to help you remain confident and calm, but two, if the attorney can prove that you've given a statement that's been untruthful, they can use that later against you in the trial.

Marty : (03:49)
I'll give you an example that has happened to me in the past. I had a client that had a criminal history and they went through the expungement process, but the case had not been completely wiped from their record. The question was asked, "Have you ever been charged with or convicted of a crime?" The client thinking that the case had been wiped clean from their record answered, "No."

Marty : (04:15)
Well, the attorney was able to see that the client had actually been charged with a crime. It was public record and they had access to that. Then later in the deposition and later in the trial itself, the attorney was able to say, "Now, sir, were you lying then or are you lying now? Were you telling the truth then or are you telling the truth now?"

Call today to speak with a Louisville personal injury lawyer at Hessig & Pohl

Hessig & Pohl
922 Franklin St.
Louisville, KY 40206
(502) 777-1111
https://www.hessigandpohl.com

Видео What to Know If You're a Witness in a Deposition канала Hessig & Pohl