1)      If your lawyer doesn’t suggest it, request time prior to the deposition for he or she to prepare you.

2)     Review pretrial discovery documents (interrogatories, production of documents, etc.) and familiarize yourself with how you responded to these questions in the past. You may be asked to answer the same questions again and will want to remain consistent.

3)     Do not bring any pretrial discovery documents to the deposition unless instructed by your attorney.

4)     Do not volunteer information. If you are asked a yes or no question, give a yes or no answer.

5)     Depositions are taken under oath and everything you say is recorded by a court reporter, therefore it is imperative you tell the truth at all times.

6)     Make a good impression by dressing appropriately, speaking clearly, and remaining calm. It is also a good idea to refrain from fidgeting and always look the opposing counsel in the eye when answering his or her questions.

7)     Do not answer a question immediately after it has been asked. Take a second or two to formulate a short answer.

8)     Try to keep your answers as short as possible. If the opposing counsel requires additional information, he or she will ask for it.

9)     If, after answering a question, the counsel sits in silence looking at you, do not be tempted to elaborate.

10)   If you do not understand a question that has been presented to you, do not answer it. Instead ask for the question to be rephrased. Never answer a question that you didn’t fully hear or understand. 

 Casey Clark Ney is a freelance journalist based in Boise, Idaho. She holds a B.A. in communication and has more than six years experience in newspaper and magazine writing. Her Web site can be viewed at www.CaseyClarkNey.com. E-mail correspondences can be sent to caseyclarkney@earthlink.net.