What is a deposition and do I have to answer the questions present to me during one?

Civil Litigation Lawyer Rockville MD

Legal matters that will result in a trial, or has the potential for a trial, often include depositions. If you are suing someone, or are being sued, your civil litigation lawyer in Rockville MD may have told you to expect to take part in a deposition. A deposition is a witness’s testimony that is provided outside of court, usually before a trial starts. It is held in the presence of both side’s lawyers and a court reporter who is responsible for recording in writing everything that is said by the parties involved. A deposition is considered sworn testimony and is taken under oath, which means it should be treated just the same as if the witnesses are testifying in court. If you have been served with a subpoena to provide testimony during a deposition, you are legally required to do so. Your civil litigation lawyer in Rockville MD can be by your side during the deposition.

During the deposition you will be asked to answer questions posed by the deposing lawyer who is representing the other party. The first questions will be general; such as:

Have you ever had a deposition?
Are you taking any medications that could prevent you from answering the questions?
What is your age?
Where do you live?
Have you ever been arrested?
How did you prepare for this deposition?
Have you spoken to anyone about this deposition, if so, who?
Did you meet with a civil litigation lawyer in Rockville MD prior to the deposition?

Following these general questions, the deposing lawyer will ask you very specific questions related to the case. Your lawyer will be with you during the deposition, and you will have prepared prior to the scheduled session. More than likely your lawyer will have explained the questions you might expect to hear during the deposition. With an experienced civil litigation lawyer in Rockville MD by your side, you won’t be going into a deposition completely unprepared. However, your attorney cannot answer on your behalf.

When You Are Not Required to Answer

What happens if you can answer a question, but do not feel it is in your best interest to do so? This is a common occurrence that can be further discussed with your lawyer. In general, if a questions involves one of the following, you may choose to avoid answering during the deposition:

Privileged Information – If you are asked about confidential conversations that involve a doctor, psychiatrist, lawyer, confession given to a priest, or other person, you may decline to answer. Your civil litigation lawyer in Rockville MD can provide you with more specific information as it involves aspects of the case.

Private Information – It is your right to refuse any questions regarding your health, sexuality, or religious beliefs. The exception to this might be when the defending lawyer feels that your answer has a direct bearing on the case. Clarify these issues ahead of time with your civil litigation lawyer in Rockville MD, if possible.

Irrelevant Information – When you feel that a question has no relevance, your civil litigation lawyer in Rockville MD may keep you from answering through an objection. If he or she does not object, you may do so on your own.

Tips for Your Deposition

Be honest.
If you don’t understand something, ask for clarification.
If your lawyer advises you not to say anything, it may be in your best interest to oblige.
After a question, you might wait a few seconds before answering in order to give your lawyer the opportunity to object to the question if they feel it’s necessary.
Questions you decline to answer during a deposition could be overruled by a judge which would mean you have to provide an answer.

An impending deposition might feel overwhelming, especially if this process is unfamiliar to you. Know that your civil litigation lawyer in Rockville MD can be with you during the process so that you are not on your own. If you are seeking quality legal counsel for a civil matter, call us at the Law Office of Daniel J. Wright. We can provide you with a civil litigation lawyer Rockville MD residents have trusted for years.

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