| Your deposition in a court case may be the first | | | | At a deposition, you can expect some of the |
| time you've ever been asked to give legal | | | | other lawyer's questions to seem hostile or overly |
| testimony under oath. Because the questions may | | | | personal. Unfortunately, that's part of the |
| be very personal and your answers may be | | | | deposition process. It's the other lawyer's job to |
| important to your case, and because you'll be | | | | find out everything that might matter to the |
| testifying in a room with your Atlanta lawyer and | | | | outcome of the case, both good and bad, |
| one or more opposing lawyers, a deposition can | | | | personal and impersonal, including information that |
| be intimidating. If you're giving a deposition in a | | | | might be helpful to the other side. But there are |
| Georgia civil case, it helps to know ahead of time | | | | rules about what kinds of questions can be asked. |
| what to expect. | | | | Your attorney will object and tell you not to |
| Before Your Deposition | | | | answer if the question breaks the rules. However, |
| A deposition is a formal meeting, usually around a | | | | you should not be the person who argues with |
| conference table in a law office, at which you | | | | the other lawyer, even if you are asked a |
| answer questions under oath. Most questions will | | | | question you feel is inappropriate or irrelevant. If |
| be asked by the other party's lawyer, although | | | | your attorney is silent, ask for a break to discuss |
| your own attorney may occasionally ask you a | | | | the question with your attorney. |
| question to clarify an answer you have given. | | | | If you're facing hostile questions, remember that |
| Under Georgia law, a deposition can't last more | | | | you're not being timed. You can and should take a |
| than seven hours. You'll have to swear to tell the | | | | moment to think about your answer. Not only |
| truth, and your answers will be either recorded by | | | | does it help you give the best possible answer, |
| a court reporter typing on a special machine, or | | | | but it prevents the other lawyer from building up |
| by an electronic recording device. Your Atlanta | | | | momentum. If you're asked a question that's |
| attorney will talk to you ahead of time about the | | | | really two or more questions, ask the questioner |
| type of questions you're likely to be asked in your | | | | to break it down for you. |
| particular case, and explain anything that you do | | | | Watch out for questions about how you're feeling. |
| not understand. | | | | In ordinary conversation, it's polite to say you're |
| Generally, you should expect the other party's | | | | "fine." In a deposition, the questioner could use |
| lawyer to ask questions about the basic facts of | | | | that answer to argue that you are in better |
| your case, and questions designed to expose any | | | | health than you actually are. If you are an |
| weaknesses they think might exist in your case. | | | | accident victim and have suffered serious injury |
| These will include information about yourself and | | | | from a workplace or car accident Atlanta, for |
| details about what happened. If there's something | | | | example, be prepared to talk in detail about your |
| you find embarrassing that you think might come | | | | injuries and the kinds of pain you feel. |
| up at the deposition (such as a bankruptcy, a | | | | You should also be careful of questions that ask |
| criminal conviction, a messy divorce, or other | | | | about specific details. For example, the other |
| situation) tell your lawyer about it ahead of time. | | | | lawyer might ask you about the exact time an |
| Your attorney will help you prepare for your | | | | event occurred, or details about other persons |
| testimony about whatever it is that is | | | | who were present. Most people won't remember |
| embarrassing to you. If your attorney thinks that | | | | those details specifically, especially if they were an |
| subject is not an appropriate matter for | | | | accident victim with a serious injury. Unless you |
| questions, your attorney will tell you to remain | | | | can remember the exact time of day something |
| silent if you are asked about it, and at the | | | | happened, it's best to say it was "about" or |
| deposition, your attorney will object to the | | | | "approximately" the time you remember. If you |
| question and instruct you not to answer. | | | | can remember exactly, expect the other lawyer |
| Even though a deposition isn't a trial, it is a very | | | | to ask you why you remember so well. |
| serious occasion. Wear conservative clothes (like | | | | Finally, sometimes the other lawyer will ask you a |
| you would for a job interview), arrive on time, | | | | question that assumes something untrue. For |
| and be on your best behavior. Let the opposing | | | | example, "When did you decide to file a frivolous |
| lawyer finish speaking before you answer, don't | | | | lawsuit against our client?" Don't ignore the part of |
| argue, and be polite, even if the questions upset | | | | the question that isn't true; some would take that |
| you. Remember, the opposing lawyer will take | | | | to mean you agree. Instead, you should point out |
| your behavior and appearance at the deposition | | | | that you don't agree with part of the question, |
| as an indication of how you would testify and act | | | | and then answer the other part. For example, "I |
| at trial, and if you act badly, it can result in a less | | | | don't believe that my lawsuit is frivolous, as you |
| favorable settlement offer from the other side. | | | | suggested. But I can tell you what day we filed it." |
| During the Deposition: Answering Questions | | | | After the Deposition |
| Before the questions begin, you will be asked to | | | | After the deposition, your attorney will receive a |
| swear an oath to tell the truth. That means you | | | | document that contains the record of the |
| have to answer everything you're asked | | | | questions and your answers as they were |
| truthfully, to the best of your knowledge. A | | | | recorded. You may have an opportunity to make |
| dishonest answer can backfire badly – if you | | | | corrections to your testimony at that time; your |
| are caught, any settlement offer may be less | | | | attorney can discuss with you whether this is a |
| favorable, and if you forget that you lied and give | | | | good idea. If your case does not settle, your |
| a different answer at trial, a jury may decide you | | | | attorney will use your deposition to help you |
| are not to be trusted about anything and decide | | | | prepare to testify at trial. However, a good |
| against you for that reason alone. Listen carefully | | | | deposition – where your answers are clear |
| to each question, and answer only what is asked. | | | | and truthful, and you are polite and prepared -- |
| You should not volunteer information that is not | | | | may be very helpful to your attorney in obtaining |
| asked for, nor should you chat with the other | | | | a favorable settlement in your case. |
| lawyer or other party (if they are present) during | | | | Help for Georgia Accident Victims |
| breaks. | | | | If you've been injured in a Georgia accident |
| When it's possible, stick with "yes" and "no" | | | | because of another person's fault - even if you |
| answers when asked. And if you don't know the | | | | were also at fault - Atlanta injury lawyers can |
| answer, say so. Do not make up information. You | | | | help you. Gregory M. Stokes and Neil J. Kopitsky |
| can take time to think about what actually | | | | have over 30 years of experience helping injured |
| happened before answering. | | | | people and their families get justice and payment |
| One important way in which a deposition is not | | | | when they are involved in a car accident, truck |
| like a trial is that you're allowed to take breaks. If | | | | accident, motorcycle accident, slip and fall, or |
| you need to use the bathroom, talk to your | | | | workplace accident. They've recovered millions of |
| attorney or just get some fresh air, you should | | | | dollars in payments for clients in Atlanta accident, |
| ask. | | | | Atlanta wrongful death cases, and Georgia injury |
| During the Deposition – Answering Hostile or | | | | or death cases. |
| Embarrassing Questions | | | | |
