MAKE COPIES OF THE CIVIL RULE: The Civil Rules relating to deposition discovery have provisions governing conduct and objections that are permissible during a deposition. If the witness is unsure, ask for an estimate or opinion; ask if there are any records of the fact forgotten How were dollar figures calculated? The starting point for learning how to take a deposition is determining whom you should depose. Do you understand this? Financial information, assets, bank accounts, investments, real property owned [if relevant] 3. Q. That's lawyer essentials playing out for you at their very basic levels. x]}^f#`]!a`a@23H+,DdugVwOWv5`TGhMS5o`=xUL)>m;Q:l?L|'>7|ev_bv^Wg~yx_y|lwoWy ?(waaiou{x\+/\U^n.? Do not respond to or argue with the attorney. With respect to logistics, you will need to arrange for a suitable location for the deposition and for a court reporter to record the proceedings. as soon as possible. One school of thought is to note depositions when you serve the Complaint. Not always a goal. Go over allegations in pleadings I cannot coach you during the deposition, but I can answer specific questions. Contact notary public and official who will conduct the deposition (may be the same person). E. HOW TO ASK GOOD DEPOSITION QUESTIONS (If the witness is a party) whether anyone else was in the meeting when they met with their lawyer (breaking privilege). But there are two deposition questions that you should (almost) always ask. You can send the notice first, and then start drafting your questions. "O.S.P.A." EXERCISE In every case and as to all issues and all phases of the case, you must complete your O.S.P.A. How the witness prepared for the deposition, including what documents the witness reviewed. They can ask for opinions. Our attorneys push back on this advice. Object to trick questions that assume facts not in evidence, contain false implications, and half-truths, or are putting words in the witness's what other doctors have you ever seen prior to the wreck, what health care insurance did you have afterwards? In the Matter of Anonymous Member of the South Carolina Bar, 346 S.C. 177, 552 S.E.2d 10 (2001). If I object, ignore me. You also should not volunteer information, simply stick to the question posed. Your email address will not be published. Bloomington IN 47405 Deposition Outlines. Think in paragraphs -- identify a topic, ask a general question, then ask who, what, where, when, why and how, then use a closing question -- "Anything else If any damages are claimed, go over basis for them Take notes only to remind yourself to ask a question not in your outline. How can the defense lawyer - and later perhaps a jury - figure out who you are and what you have been through in such a short time? Tell me everything you remember about that conversation. Mix it up a bit. Certainly, COVID-19 made telephone and Zoom depositions much more commonplace. Deposition Part 2 Deposition Part 3 EXAMINATION BY MR. SMITH Q. Mr. Manning, good morning. H. SHOULD YOU MAKE ANY OBJECTIONS? If I instruct you not to answer a question, don't answer it no matter what the other lawyer says. Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. If a mouse runs by, get its name and put it on the record. Will you need to use the deposition at trial or a hearing? L. AFTERWARD: REVIEW DEPOSITION AND MAKE CORRECTIONS Instead, we tell our clients to just relax and not worry about it. For example, if I asked you the temperature right now you couldnt necessarily tell me the exact degree but you could give me an approximate answer and even if you couldnt you probably know whether its really hot or really cold or somewhere in between. And you need to know why if you can because (a) the explanation may help you, and then you can use leading questions at trial to get to the same beneficial answers, or (b) if the explanation is not helpful then its likely that the opposing party will present the why during their case. We have had cases where good, well-prepared plaintiffs dramatically increase the value of the claim. When asking questions designed to confirm a factual detail theres nothing wrong with allowing a witness to reference a document before answering. With respect to parties, be sure that you review every pleading, discovery response, and document filed or produced by the other side. 3. /MediaBox [0 0 612 792] If a mouse runs by, get its name and put it on the record. If the other attorney is conducting the deposition in bad faith or is unreasonably harassing, annoying, or embarrassing your client, and you have made several State in a loud, clear voice that the deposition is beginning. Insurance companies take into account how the plaintiff performs in evaluating cases. Any time the witness gives an explanation on a topic you should try to close the door to prevent future adjustments or additions to the questions, particularly if the answer is helpful to you. Have you made any oral or written statement about the event to any reporter? Harassing the deponent. 0000002676 00000 n legitimate reason, a copy may be substituted. Don't. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. If a video operator is %PDF-1.2 This was designed to influence the witness answers and is no longer allowable. Follow up generalizations and opinions with requests for details Make sure if it is a malpractice case or one involving expert testimony germane to the defendant's deposition that you talk to those experts before deposing the defendant. {{currentYear}} American Bar Association, all rights reserved. A. PRE-DEPOSITION PLANNING Do it now. If you want the deponent to bring any documents, you will need to prepare a 7. Do you have a driver's license? Discuss relevant documents, and remind the witness of important non-verbal considerations, particularly if the deposition will be videotaped. 3. Are there bills or other written documents to support claim? 1. If a party opposes the notice, they must file a motion for a protective order to "quash" the deposition. Ever filed a workers compensation claim? Well, okay, you may have to object once in awhile. Tell the truth. record. A deposition is a process whereby witnesses provide sworn evidence. Remember that if you are deposing an expert witness in federal court, you must have the experts report before you can schedule the deposition. Below are some example deposition transcripts from most of the different types of tort cases our law firm handles. Obtain binding admissions from defense representatives. A deposition may also be videotaped, especially if the deponent is not likely to attend the trial because of to ill health or some other reason. If the deponent is not the attorney's client, inform the deponent that the attorney does not have the legal authority to instruct anyone other than his or her clients 0000004096 00000 n The contact form sends information by non-encrypted email, which is not secure. You can depose a party or non-party, and opposing counsel cannot directly control the responses that the witness provides. Call the night before the deposition and remind again One doesnt want a witness offering repeated answers of I dont know because the witness isnt absolutely certain. Current job, including hours, salary, benefits `{F~ %1i1R` v9|oz65%ty B{'t/ K`g3m%-rwlYh=PY[Vb##A^`Nr{YLEl]o "XfWUELGEk#{G-JShz=Ai2776 +CMemnJ$^>W(ZbkgG5F4M_3.u`}zNGz8xxyb;qQY*QS$aWG M7+(k!aOdU8b(G^ldGT(M#5{`# fSyrc` h,2$B8OOVh(pl!=QWc Q-X[^4 }Ys{;u:XHmT^S oh*Kb0y')2.lRd\vuhzWH%L|-|v^;,*m@ BJ%6`W@'/sxkY;-~O,DPln,\w.dMX1RA9ih>l13 Consider a Rule 26(C) protective order to limit scope of deposition Client's work product. Don't guess unless the lawyer asks you specifically for an opinion. To find out more about what our personal injury attorneys can do for you, please do not hesitate to contact us at (509) 866-4166 for a free initial consultation. Usually, you can object only to a questiion that asks the When I first began practicing law in 1991, attorneys defending depositions would frequently interject commentary and offer suggestions regarding the questions being asked. The witnesss arrest and conviction record. Enter all necessary information in the required fillable fields. Let us resume the recorded deposition. allegation in the complaint. A notice of oral deposition must be mailed or delivered at least ten days before the declaration is taken to be effective under Maryland law. All parties can attend the deposition. Take the deponent to re-visit any places likely to come up during the deposition. After they have been marked, ask the opposing attorney if s/he would like to see them, and put it on the record, e.g. Using Code of Civil Procedure section 2025.230, notice the deposition of the person most qualified ("PMQ") to testify on behalf of the entity. 0000063781 00000 n Knowing about the information during discoverygives you time to determine how to counter the negative facts or impeach the witness. The take-home message here is that there is no set answer to this question. (information for preparing their client for a deposition in an accident case). Depositions are essential to developing your case because they allow you to assess the facts and witnesses in ways that you cannot achieve through other discovery tools. Was this document helpful? 0000001907 00000 n illnesses, and whether deponent has ever been under the care of a doctor or therapist Prepare a request for production of documents and subpoena whatever it is that you need. deposition and have the copy marked and obtain agreement that it is true and accurate. A court reporter is present throughout the entire deposition and records it word by word. Learn facts from the witness and preserve them as testimony. Don't volunteer; don't ramble; just answer the questions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Reporter, please mark this photocopy of deponent's appointment calendar as exhibit nine. After the objection, instruct the witness, Please answer the question. Obviously, where the objection is based on privilege, the witness likely will refuse to answer. Re-read Trial Rule 28 on the person before whom the deposition may take place 166 0 obj <> endobj Personal information a. Catch-22. 0000001573 00000 n It becomes even more complicated, of course, if the non-party is not living or working in Maryland in which case she cannot be required to give a deposition unless served with a subpoena while in Maryland. The Rules of Evidence do not apply. There are exceptions. For further information see: Ethics Opinions Every South Carolina Attorney Should Know: Part II, Improper Deposition Defense Conduct. Ask about source of information 0000048138 00000 n Where were you going. Object to completely irrelevant information that has nothing to do with the case, the witness's background, and is not likely to lead to any relevant The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s). 1. If defendant counterclaimed, plaintiff should ask for an explanation and the factual basis for Outline of topics to cover in deposition Deponent's background Name, address, age, date and place of birth, all places lived, social security number State of deponent's health, including drug/alcohol use, disabilities, eyesight and hearing, mentalillnesses, and whether deponent has ever been under the care of a doctor or therapist Criminal record Now, creating a Sample Deposition Outline takes a maximum of 5 minutes. During the preparation phase, you may also be given a sample medical malpractice deposition to review. The attorney will try to make you mad Lawyers are taught to never ask why? at trial. in Raleigh, North Carolina. State your qualifications, pedigree, schooling, etc. 0000009006 00000 n The normal course is to wait for written discovery to be served and answered, which will provide you with the facts and documents necessary to prepare thoroughly for the complete questioning of the witness. 0000005060 00000 n This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This is because there is only one proper way to answer a question in a deposition: you must answer all deposition questions truthfully and completely to the best of your knowledge. GIVE YOUR CLIENT THE FOLLOWING GENERAL INFORMATION: Asking this question limits that claim. Required fields are marked *, Notify me of followup comments via e-mail. The reasoning for each line of questioning is indented below the question(s). Ask the witness to state his or her name and spell it. And, sure, we have had cases pretty much bomb in deposition too, no doubt, with revelations no one saw coming that (that our attorneys did not include on this page). Good: On March 21 at her mother's trailer, did you hit Sally with baseball bat? Script for the beginning of each deposition. FREE DOWNLOAD : 247 Sample Deposition Questions for Expert Witnesses Advocacy You are here as an advocate for the plaintiff, correct? testifying in court, and you are under the same legal obligation to tell the truth, the whole truth, and nothing but the truth. How fast was defendant going. D. A TYPICAL DEPOSITION OUTLINE % If the lawyer asks you whether something is "possible," answer that anything's possible. Go over factual assertions in third-person reports Common Deposition Questions. Outline of topics to cover in deposition At trial, they can point out differences between what you said at the deposition and what you say at trial, so don't say anything unless you are sure about it. Confirm time, place, and procedure. 0000006588 00000 n First, you should not ask why if you are taping the deposition and the tape will be shown at trial in lieu of the witness testifying again. What they ask you to do? I am so grateful that I was lucky to pick Miller & Zois. All the parties must be served notice at least 20 days before the date of DWQ. he's a peeping Tom or cheated on a 10th grade math test. You learn so much about a case as it proceeds. The deponent usually has his or her attorney present, although with a limited role. All rights reserved | Disclaimer | Law firm website design by: Benchmark Law Firm Marketing, LLC. Your deposition question outline should include a mapping out of your strategy depending on what happens when you get one of the three responses. If you have a question, state that you want a recess. If the matter is covered by the work-product doctrine Deponent's background One more thing to keep in mind. If you are representing yourself, you must sign the notice. Identify by name and connection to the case, everyonewho is in the room. Also worth mentioning for victims giving deposition testimony is that many lawyers in personal injury and wrongful death lawsuits think you should hide that you are nervous when testifying. Trick questions. Indiana University School of Law You are expected to be nervous, particularly in the beginning. Feeding responses to a witness is not only a miscarriage of justice. Preparation can make your personal injury deposition experience a lot less intimidating. G. WHAT TO DO DURING DEPOSITION It certainly sends the message that you are taking the case seriously and are ready to push forward. Attorney work-product. Lawyers are taught to never ask why? at trial. Thats generally good advice for trial. Here is an example of the subjects covered in one sample deposition: Defendant Driver in Auto Case. any similar events before or after. Remain professional -- don't react visibly to unexpected events. 4. Ask for admission, denial, explanation and details of any incidents mentioned in reports by Since a deponent is under an oath, he or she can be subject to civil and criminal penalties for making any false statement. Ask for explanation of deponent's record-keeping practices If you keep in mind these deposition questions then you will ensure that you have a useful deposition transcript for trial. You have to bear in mind during your deposition that while you want the insurance company to understand what you have been through as a result of your loss, this is not the time to try to get all of your thoughts out. That you are misusing discovery for the purpose of harassment Plus, its a good refresher or reminder and brings these issues to the top of the deponents mind. If you do not know the answer, say so I understand that submitting this form does not create an attorney-client relationship. There is nothing wrong with asking me to repeat a question or explain a term if you dont understand my question. Ownership of cars, boats, RVs and other major assets [if relevant] 0000003470 00000 n Explain who will be there -- reporter, lawyers, etc. Tell me how the accident happened. If the deponent refuses, ask the Reporter to certify the question as above. With some defense counsel it may be a good idea to mark a copy of the rule as an exhibit and remind counsel of its provisions) 2. 0000002085 00000 n The standard deposition questions are good, and you should use them whenever they may be appropriate. They can ask anything they want, including lots of embarrassing and personal stuff. Whether the witness has ever testified in a case before. Reporter, please mark this copy of John Doe's 1995 federal tax return as exhibit one. However if you need clarification of my question you need to look to me for clarification and not to anyone else. 0000001672 00000 n Plaintiff should ask defendant to explain reasons for each denial in the answer. If the matter is privileged. State that there will be a 5-minute adjournment while a copy is made. Our state-specific online samples and complete guidelines eliminate human-prone mistakes. A deposition presents a real opportunity to define who the Plaintiff is. If the deponent HAS BEEN deposed before, what questions can the deposing attorney skip? In general, follow "funnel" sequence suggested in interviewing: Broad questions first, followed by directed questions, followed by narrow questions to nail I. Here are the legitimate grounds for objection: /Parent 2 0 R x[s6~S'DKGMbe&!5EHP%-;I`~d+{~x5a0? M?04yvy/Z6*(O6qQ8&6Ln71 ?-NlcMKWWY=~{`I0B{8|K&{w}:8ws;w~a`F[;9~t~gcd#;G?fn// (H!,[dk fF /CC3 /Gu#GAV;D?%=cx46;3wt{*6D-[`XQBWle0w%vLIKH6uxq;pfr[tAJVazow.~)3Kp0k^%5q%$KZ. It establishes the record, helps the deposition proceed more smoothly, limits the ability of others to influence the witness' testimony, and limits the ability of the witness to subsequently justify inaccurate, untruthful or incomplete answers. Attorney at Law. Do you understand this? If the witness hasnt, the next line of questioning will help the deposition proceed more smoothly. Did you see it personally? There are two primary reasons for taking a deposition. There are three parts to this example deposition. This checklist is offered only as a generic starting point. In that circumstance an answer of I dont know is not appropriate but an answer giving a range or estimate based on your knowledge with an explanation that its a range or estimate is appropriate. 0000003806 00000 n endstream endobj 167 0 obj <> endobj 168 0 obj <> endobj 169 0 obj <> endobj 170 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/Properties<>>> endobj 171 0 obj <> endobj 172 0 obj <> endobj 173 0 obj <> endobj 174 0 obj <> endobj 175 0 obj <> endobj 176 0 obj <> endobj 177 0 obj <>stream Is this the kind of person a jury would believe is entitled to significant compensation for their injuries? Victims also need to be clear on the specific damages that they are claiming at trial. 2. each allegation in the counter-claim. Depending on whether it's discovery or trial deposition, things can get complicated real fast. If I think we need to talk, I Hearing no objection, let us continue. Going through this script at the beginning of a deposition serves numerous purposes. I advocate never starting a doctor's deposition this way. /content/aba-cms-dotorg/en/groups/litigation/committees/family-law/practice/2018/basic-expert-witness-outline. If the attorney did not state grounds, ask that they be stated on the 1. You should answer as briefly as you can while still making the answer complete. %%EOF Explaining that the witness can estimate or provide a range when that witness has some knowledge allows one to learn what the witness actually knows. The bestway to succeed with your depositions is to prepare and be ready for the most likely responses from your witness. The deponent (person being asked the questions by the opposing side's attorney) will be stuck with all of the answers given to these inquiries. Besides, an objection accomplishes nothing, because the witness has to answer the question anyway. Going through this script at the beginning of a deposition serves numerous purposes. Doing so helps you to present your clients theme of the case in a succinct manner. will ask for a recess. Next, you must decide when to take depositions, and the Rules provide great latitude for determining the timing. The witnesss social network accounts which ones they have, URLs, etc. This is a deposition, in which I will ask you questions and you must answer If the victim does not come across as honest and sympathetic at her deposition, it is improbable that a jury will significantly compensate her for the harms she has suffered. ), and make sufficient copies of the documents for opposing counsel and for the record. Although by the time the deposition takes place you will have answered written questions (interrogatories) and provided documents to the defense attorney, there is no . I. For example, if you are deposing a corporation in a breach of contract case, you will want your deposition questions to focus on preceding formation of the contract, negotiations related to the contract, the execution of the document, conduct of the parties following execution, the breach claimed, conduct following breach of the contract, and damages. Remind the other attorney that all objections other than privilege are automatically preserved and need not be made during the deposition. Step 1:Identify the Objectives of the Plaintiff's Deposition; Step 2: Address Preliminary Issues before Taking the Plaintiff's Deposition; Step 3: Gather Relevant Documents and Compile the Exhibits; Step 4: Interview Individuals Who Worked with the Plaintiff; Step 5: Take the Plaintiff's Deposition; . 10900 Research Blvd, Ste #160C-4, The last case I referred to them settled for $1.2 million. mistakes. Tell the deponent to answer the question. Victims read this paragraph and panic, asking themselves how they will make a good impression in this formal situation particularly when they are so nervous? E. DECIDE IF YOU WILL ASK ANY QUESTIONS. A deposition that an attorney notices under Federal Rule of Civil Procedure (FRCP) 30(b)(6) (Rule 30(b)(6)) requires a corporation or other entity to produce one or more witnesses to testify on the entity's behalf regarding the topics set out in the notice of deposition.Practitioners refer to these depositions as Rule 30(b)(6) depositions. Being a real person advances this ball and real people are often nervous in a legal setting. before the wreck did you ever suffer any kind of injury that led to symptoms similar to the ones you claim to suffer as a result of the wreck any prior accidents of any type any prior car accidents. That is because you have time to prepare your case after the witness has given their answer to why? At trial its too late. stream Educational background, including suspensions and expulsions Do you understand this? 0000003085 00000 n >> Witness, I am Alexander Tanford, an attorney representing Ms. Get admissions to hurt us and help them. embarrassing your client. Second, you shouldnt ask why if you have good reason to suspect that the opposing party will not present the why. them truthfully unless your attorney tells you clearly and directly not to answer. There are two main reasons for taking a deposition: A deposition gives an opportunity for the parties to understand their weak spots and prepare for ways to rebut them during trial. 1. 0000064012 00000 n 2023 Gregory S. Forman, P.C. But here is the problem: you might not be ready for an immediate deposition. So relax, and do not worry about it, the truth is what will matter, not whether you are nervous. What kind of car were you driving. 8. You can request the deponent for any information such as: You must send a DWQ notification to the deponent and his or her attorney at least 20 days before sending the questions. Get information that leads to other evidence. Ever suffer any type of injury or illness that caused you to go to a hospital Think hard. Turning to how to actually prepare for the deposition, every lawyer will have his or her own style, but you should plan to spend time reviewing any documents or facts that have any bearing on how your witness is likely to testify. WHEN SHOULD YOU INSTRUCT YOUR WITNESS NOT TO ANSWER? See Maryland Rule 2-413. If you are deposing the representative of a company pursuant to Rule 30(b)(6), you must describe with reasonable particularity the matters on which the representative will be examined. But if you are telling the witnesses exactly how a question must be answered or getting the witness to shade the truth, you are engaging in unethical behavior that might incur the wrath of the trial judge, or worse, the jury. What do you think your purpose and function are in this case? If the attorney summarizes lots of facts and asks you to agree, ask him/her to repeat the question one fact at a time. Despite what you have heard, trust in the fact that the law makes sense and juries usually make the right call. Mr. make arrangements with video technician. Thank you! Get explanations of any codes or abbreviations on records Accordingly, you must resist the temptation that every victim has to tell their entire story and vindicate themselves and instead merely answer the questions asked. taping the deposition from another room, include him or her. When we do this, we sometimes ask whether our desired version of the outcome is a fair answer. Understand the case better and avoid any unpleasant surprises when the witness takes the stand. Provide advice on answering questions, including the need to understand what opposing counsel is asking, the importance of answering only the question asked, and the need to treat the deposition seriously.