Long before a trial goes to court, the plaintiff or witnesses may be subject to a deposition. This is a pre-trial but legally-binding oral testimony concerning the events of the court case. As a plaintiff, you may have already had to complete a form interrogatory for California where your answers were also under oath. A deposition is a fact-finding mission, and you don’t want to give more information than necessary. These few tips will help you provide a favorable testimony during your deposition.

Only Answer the Question Being Asked

You need to carefully listen to the questions that are posed. The opposing side’s lawyers will be looking for all kinds of information, but you don’t want to volunteer anything that can help their case. The more information you give them, the worse your side could look. Keep your answers brief and concise. If you aren’t sure of the answer, don’t try to speculate or guess in order to give them an answer. You can say “I don’t know.” A deposition is sworn testimony, just as if you were on the stand where you swear to tell the truth and only the truth.

Clarify the Question and Your Response

When you are giving your answer, the lawyers and the court will assume that you fully understood the question. If you aren’t sure what they are asking, go ahead and ask the questioner to rephrase the question. Always allow the attorney to finish the question before you answer or ask for it to be clarified. This gives you time to formulate a clear and thorough answer, rather than nodding your head and muttering “uh-huh.”

Rely on Your Attorney

The opposing side’s attorney may specifically ask questions that are confusing and somewhat leading. Your attorney will be present for the deposition and should object to compound questions or other questions that may not be suitable for you to answer in its form. Although you cannot confer with your lawyer before you state the answer, your lawyer may issue an objection and in the reasoning, provide you with a clue as to how the answer should be worded. As an example, using the words “this question would require speculation,” then your answer should be “I don’t know.”

Stay Calm and Level-headed

It is okay to be nervous during the process, but you need to remain as calm as possible. Answering your questions slowly and avoiding definitive assumptions like “always” or “never” can help limit the other attorneys from backing you into a corner. Always ask to look at any documents that a question pertains to, and don’t be afraid to go back to a former question if you remember something else during the process. Remember that it is okay to not have clean answers on things like time, speed, or distance and that you can make an approximation while stating that you aren’t sure. The more calm and focused you are, the easier it is to give a true testimony that supports your side.

A deposition occurs long before the court trial, but the emotions can still be there. Have a good relationship with your attorney, so you can be prepared to handle the oral testimony like a boss.