A deposition is a pretrial evidence-gathering procedure. At a deposition, you will be on the ‘hot seat.’ The opposing party’s lawyer will cross-examine you, searching for information to use against you at trial or in settlement negotiations. You will need help from a lawyer who can teach you how to prepare for a deposition.
Giving a Deposition Doesn’t Mean You’ll Eventually Go to Trial
The deposition is one of the four main evidence-gathering tools available during the pretrial discovery process. The other three are written interrogatories, requests for the production of evidence, and requests for admissions.
Although the plaintiff must file a lawsuit before either side can demand a deposition, most parties settle their lawsuits before trial. A deposition can help you gather enough evidence to enhance your bargaining power in settlement negotiations.
How Depositions Work
Depositions typically take place at least a few weeks before a trial is scheduled, maybe longer. The parties usually meet in a conference room at a law office. The parties include the witnesses, lawyers for both sides, and a court reporter. Sometimes a videographer will attend.
One noticeably absent party will be the judge. That means there will be nobody there to rule on either side’s objections, but they will still be placed on the record.
Deposition Evidence vs. Trial Evidence
At trial, the Florida Evidence Code governs the admissibility of evidence. At trial, a judge will listen to all questions, and attorneys can ask the judge to throw out any questions that call for inadmissible evidence.
At a deposition, by contrast, the attorney can inquire about almost any matter that is ‘calculated to lead to admissible evidence.’ Some of the testimony will ultimately be inadmissible in trial, but you will still need to answer the question on the day of the deposition.
Common Deposition Mistakes
Here are some deposition mistakes that a lawyer can help you avoid:
- Making a statement at a deposition, and then contradicting that statement at trial. You can be sure the opposing party’s lawyer will call attention to this inconsistency and use it to discredit you.
- Losing your cool. Have you ever lost your temper and said something untrue that you later regretted? We all have at some point or another. Don’t let it happen to you at a deposition.
- Providing the opposing lawyer with information they didn’t ask for. This is like giving the opposing party a gift.
- Guessing an answer when you don’t know. You can be sure the opposing party will use this against you.
- Telling a lie under oath. In a worst-case scenario, this could result in a prison sentence for perjury.
The foregoing is a very abbreviated list of the mistakes you can make at a deposition. An experienced litigation attorney will guide you to prevent any missteps.
Deposition Advice: How to Give a Great Deposition
Giving a deposition is no fun, and it is not easy. Here are some tips to get you started.
Practice in Mock Depositions
Ask your lawyer to play the role of the opposing party’s lawyer and grill you mercilessly. The tougher they are on you, the better they will prepare for your moment of truth.
Bring Your Lawyer With You to the Deposition
Your lawyer can provide you with valuable advice as events unfold. For example, they might tell you when you are permitted to refuse to answer a particular question. Choose a good lawyer and always follow their advice.
Know Your Case Inside and Out
Read all available documentation and learn the facts of your case by heart. The more you know, the better you’ll be able to handle yourself.
Ask for Clarification if You Don’t Understand the Question
Never answer a question until you are sure you understand it. It’s OK to ask for clarification and to take your time answering. ‘I don’t know’ is a perfectly acceptable answer to a question as long as it’s true.
Do Not Hesitate to Call an Experienced Litigation Attorney for Help With a Deposition
Florida depositions are complex and tricky–don’t face one alone. The opposing party’s lawyers can trip you up in a thousand different ways. Roman Austin Car Accident and Personal Injury Lawyers has experience representing clients through the most daunting depositions. Contact us at your earliest convenience for a free initial consultation.
Contact the St. Petersburg Personal Injury Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in St. Petersburg. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
