100% on target!

Great answer

The key thing to remember is that for you, the deposition is purely DEFENSIVE.

You can't say anything in the deposition that will help your case. You can only say things that can hurt your case.

That's because you can't use your deposition transcript to help you. Any of your testimonial evidence that will be submitted to the court will be either by your written declaration, or by your live testimony. Your deposition transcript, if you were to attempt to use it, would be inadmissible hearsay.

Only the other side will use the deposition transcript.

But, your atty will prep you. Just be sure to take his lead and do what he says. Attys aren't supposed to coach witnesses, but there are ways for an atty to coach during a depo, and if he's any good he will do so. For example, if he objects to a question as being "vague and ambiguous," that's your cue to say "I don't understand the question."

Hopefully your atty is decent and is active in defending you at the depo. Defending at a depo is actually more work than taking one, if you are doing a good job of defending. An aggressive defender can actually take over a lot of control of a depo and make life miserable for the atty taking the depo. But, a lot of time bad lawyers really fail their clients in defending them, by basically just sitting there and doing nothing.

I apologize if I offended anyone.

I over-stated my feelings toward Lawyers.

I am being represented by a gentlemen - Atty. We have a good repore and I respect him as he does me.

-I was only speaking about DIVORCE LAWYERS !!

- and if you are one, well; my condolences.

One question they might use to throw you off is "Did you and your lawyer discuss what to say at this proceeding?"

The answer is "Yes"

Add nothing else unless directly asked. :)

then when they say "what?"

you say "he told me to tell the truth"

it's classic

Or "he told me that you might try to make me look untruthfull by asking me that question" :)


Have you quit beating your wife? is another one......

If they ask a question, it should have relevence to that specific situation.
They should disclose all proof of relevence, prior to the question even being answered.
The laws may vary from state to state.....but if their stated "proof" is in direct contradiction with "known" facts, there may be grounds for a complaint.


Q: Why does the commoner even need a $300/hr advisor to obtain "justice" under the law?
A: Shakespeare had it all wrong. First we kill all the judges.

I take depositions all the time. Your depo is the other side's chance to learn everything about you. They also do it to lock down your testimony, get you to tell them what happened, what damage it caused, your life history, etc. Then, if you go to trial, they have the transcript so they can call you out on any variations. Be very careful.

Short, yes or no answers. Do not volunteer information. Answer only what was asked. It's amazing how bad some attorneys are at getting facts crucial to their own case. The more you talk, the more you are likely to help him out.

Example:
Q: Are you married?
right answer: Yes, no, separated, divorced etc.
Bad answer: I'm in the middle of a divorce and we're fighting for custody and my soon to be ex is a *****.

Assuming this involved an accident, be prepared to go through the details of you accident, second by second down to every last detail. Also be prepared to basically give your life story. Think Goonies, when they tell Chunk "Tell us everything."

I don't know or don't recall is a perfectly good answer, but don't abuse it. People come off as stupid when they can't recall where their first job was, or where they lived 5 years ago. Also, there is a difference - not recalling implies you once knew the answer, but forgot.

Again, don't volunteer ****. Make that guy work for his answers.

a good trick is for them to have a very friendly & pretty female atty ask you the questions in a bright happy voice...

i assume you have sustained a serious injury and that is why you have filed this lawsuit?

some friendly advice, not legal advice. first, hire a lawyer.

i spent about 15 years cross examining witnesses such as yourself as well as representing people such as yourself. my goal was to flush out the facts both about what happened regarding the event that caused the injury, as well as the details involving the injury, resulting treatment and physical injury and potential for future financial damages and pain/suffering

By carefully questioning you, i could advise my client how to proceed based on not only the facts as you present them, but on your attitude as a witness...quite simply, will a jury like you or think your a deceptive malingerer. by "proceed" i mean...should this case be settled asap and if so, for how much and why should it not be heard by a jury...or perhaps make a motion for summary judgement

the more serious the injury, the less work i have to do. if your leg has a metal rod in it...i really dont have to ask you a hundred questions about your discomfort...its pretty obvious. Same thing with the facts of what happened. If an independent witness saw a guy go through a red light and t-bone you....i dont have to spend all day trying to see if you contradict your story because its pretty obvious your being honest....some car accidents can be very complicated and require a thourough questioning of you...dont be offended

be aware of what your medical records say...the attorney has read every word of them. always assume the lawyer already knows the answer to the question he is asking...in other words, if you told your doctor you have been lifting weights since the accident and the lawyer asks if you have been lifting weights...its a safe bet he read it in the medical records and is testing your honesty. NEVER LIE UNDER OATH

just be nice, cooperative, friendly and honest and it is never helpful to minimize your injury or pain when your talking about it no matter how tough you are. your deposition is likely your one shot at the apple, your one opportunity to tell your story to the only person in the case with the real power to resolve it. you are not on trial and no decent lawyer would treat you as though you are on trial so dont act like you are with your attitude, body language, voice etc...make the lawyer like you and want to help you. even though his duty is to his client, his impressions of you will have a large influence on the case and the adjuster etc..

your not represented? what will you do when its time to depose the defendant?

I have handled many depositions in new york state. all of them were similar in that they were in a small conference room or office with a court reported present taking everything down that is said. the person that you believe caused the accident should be there to hear what you say (do not make nasty comments to this person), witnesses are sworn in and the lawyer will usually tell you that you are free to ask that a question be rephrased or repeated, you are free to take a break, you are free to say you dont understand....if you answer incorrectly because you didnt understand, the transcript will reflect what was said....you can not answer questions with physical gestures like knodding your head for yes or saying, "ummm hummm" for yes etc...speak clearly so the court reporter can get it down accurately. I could go on and on but your in Canada and for all i know a depo takes place in a court room up there. i have no idea and you get the idea

as for having representation at this stage, well there may be some questions that need objecting to...will you know how and why to object? typically the plaintiff will not have many reasons to object unless the defense lawyer brings up something that is way off topic and not relevant like a mention of past drug use in a medical record or something

there are some lawyers who come across as though they are pointing the finger at you...these lawyers are typically young and ignorant both in law and real life experience and generally have a skeptical attitude about everyone and everything. there's one in every office and typically everyone dislikes them. ignore it. most of us are not that way at all

oh, good. but if your represented why are you making this post? he/she should have spent an hour or so preparing you so you are comfortable and know what to expect, how to answer etc.....

um i hope your not a lawyer..hearsay is generally speaking, a statement made by an out of court declarant used to prove the truth of the matter asserted...if he made the statement, then its not hearsay at all

and what you say at a depo can absolutely help you. if you describe your pain and suffering in detail and honestly, that helps paint the picture for the insurance company and what a jury may potentially hear at a trial.

i have used my plaintiff/clients transcripts to support motions for summary judgments countless times

a defendant's depo is rarely helpful to their case but a plaintiff's absolutely is

the WORST sort of plaintiff witness/client, is the type that says nothing. nothing pisses me off more than having my plaintiff client say nothing when there is much that needs to be said about how the defendant ruined his life. if the plaintiff says that he cant recall how the accident happened because he had a lot on his mind that day, then yea, thats bad...dont offer that sort of information

Hello.
I have not met with the atty yet on advice and prepping.. It was to happen tomorrow, i.e Wednesday.

D-Day was to happen on Thursday. I was sent a c.d of my Health records and on how to act and dress for this episode.

My point here is to get advice from real experience. You can't do better than that.

I wish to get advice from people that have been there and done that before I'm tossed into the volcano.

The 'questioning' has been post-poned until the 8th. of June, as of today's call from my atty. GOOD!

I was with the occupational therapist on Friday and in conclusion I experienced much pain in my pelvis/back an esp. neck.

I just spent the last 1.5 days in bed and drugged due to the testing and manipulation that was required to do with the o.t. testing.

I am exhausted and I'm no pussy when it comes to pain.

This car accident was no fault of my own. The idiot was already charged 1.5 years ago and lost his license for one year . Charged with Dangerous driving , causing bodily harm and something like stunting.

-NO FAULT OF MY OWN -whatsoever- that is a commandment written in top soil.

Too much stress- btw- you cannot sue for punative damages in Canada.
I say that's just wrong.

Thank-you all for your advice and time.-really.

You have it roughly half right.

Hearsay is any statement made outside a hearing or trial which is presented at the hearing or trial to prove the truth of the contents of the statement.

His testimony at his deposition is (1) a statement, (2) made outside a hearing or trial (a deposition is not a hearing or trial, it is discovery).

Therefore, if it were to be offered at trial (or in connection with a hearing such as an MSJ) to prove the truth of the content of the testimony, then it would be hearsay.

It sounds like you are under a lot of stress Mike. Hang in there, you are very important to us.

Geeze-and Thank-you.:)