Tips for Navigating a Deposition: Slow Down, Stay Focused, and Always Tell the Truth

Being deposed can be a stressful and intimidating experience, especially if you're unfamiliar with the process. A deposition is a key part of the discovery phase in litigation, where the opposing attorney will ask you questions under oath to gather information that might be used in court. How you handle yourself during a deposition can significantly impact the outcome of your case. To navigate this process effectively, it’s crucial to keep a few essential principles in mind: take your time, answer only what’s being asked, let your attorney handle objections, and above all, tell the truth.

Take It Slow: There’s No Rush

One of the most important things to remember during a deposition is that there’s no need to rush your answers. The deposition isn’t a race, and taking your time to think before you speak is perfectly acceptable. The opposing attorney may ask complex or loaded questions, and it’s essential that you fully understand what’s being asked before you respond.

If you don’t understand a question, ask for clarification. If you need a moment to think, take that moment. Pausing before you answer gives you time to collect your thoughts, consider your response, and avoid saying something you might regret. Remember, once an answer is given, it’s on the record, and correcting a statement later can be difficult.

Answer Only What’s Being Asked

Another key principle during a deposition is to keep your answers concise and to the point. Answer only what’s being asked—nothing more, nothing less. Over-explaining or volunteering additional information can inadvertently open the door to further questioning or lead to misunderstandings.

If the question calls for a simple “yes” or “no,” resist the urge to elaborate unless your attorney advises you otherwise. If the question is too broad or vague, ask for it to be rephrased. The goal is to provide accurate and truthful answers without giving away more information than necessary. This approach helps you stay in control of the deposition and minimizes the risk of saying something that could be used against you later.

Let Your Attorney Object When Necessary

During a deposition, your attorney is there to protect your interests, including making objections on the record when appropriate. If the opposing attorney asks an improper question—such as one that is irrelevant, overly broad, or seeks privileged information—your attorney will object to ensure that the record reflects the issue.

When you hear your attorney object, stop speaking immediately and wait for instructions. Sometimes, after an objection, your attorney may advise you to answer the question regardless, while in other cases, they may instruct you not to answer. It’s important to follow your attorney’s lead in these situations. By waiting for your attorney to handle objections, you can avoid making mistakes that could harm your case.

Tell the Truth—Always

Above all, the most critical piece of advice for anyone being deposed is to tell the truth. A deposition is given under oath, which means that lying or providing misleading information can have serious legal consequences, including perjury charges.

Being truthful doesn’t just mean avoiding outright lies; it also means being honest about what you do and do not know. If you don’t remember something or are unsure of an answer, it’s okay to say so. Don’t speculate or guess—if you don’t know the answer to a question, simply state that you don’t know.

Telling the truth also means not trying to outsmart the opposing attorney or manipulate your answers to fit a narrative. Depositions are transcribed and can be used in court, so any inconsistencies or dishonesty can come back to haunt you later. By sticking to the truth, you maintain your credibility and strengthen your position in the case.

Conclusion: A Thoughtful and Truthful Approach

A deposition is a critical part of the litigation process, and how you handle it can influence the direction of your case. By taking your time, answering only what’s being asked, relying on your attorney for objections, and above all, telling the truth, you can navigate the deposition process with confidence and integrity.

Remember, your goal during a deposition isn’t to win the case in the room—it’s to provide clear, accurate, and truthful information. By following these principles, you can protect yourself and your interests while helping your attorney build the strongest possible case on your behalf.