Depositions - Four Rules Of Answering Questions
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- Опубликовано: 14 июн 2010
- Here are four simple rules of answering deposition questions - whether your case involves a truck wreck, suing an abusive debt collector, or suing a mortgage company that is wrongfully foreclosing on you.
First, make sure you hear the question.
Second, make sure you understand the question.
Third, make sure you think about the truthful response.
Finally, only answer the question asked. No volunteering.
If you have any questions about what we've talked about in this video, feel free to call us at 1-205-879-2447.
Thanks for watching!
John G. Watts
Watts & Herring, LLC
Serving consumers across Alabama
205-879-2447
www.alabamaconsumer.com/
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"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
A good rule of thumb is to never volunteer any information that you have not been asked.
hear the question, know the question, be one with the question, live the question
:)
Very well done sir!
John Watts
Well, that would be me. I did this video when I had an extra 5 minutes. No external microphone. Our newer videos have better sound but hopefully you could still get some useful information from this older video.
Thanks
John Watts
Perfect advice -- if the other lawyer wants to know something, let him ask you. If he doesn't, and your lawyer thinks it needs to come out, she will ask you. Thanks for the comment.....
He makes the very important and subtle rule that one should answer only the question asked and nothing more.
Good point. Answer the question completely but as simply as possible. Thanks.....
Very simple advice, just answer the question in as simple language as possible.
You are right -- the whole point is being truthful. That's why you make sure you hear the question, understand it, think about the truthful response, and then answer the question.
I think I mentioned being truthful several times in the video.
Thanks for your comment -- being truthful is the most important aspect of answering questions under oath.
John Watts
Thank you Mr. Watts much appreciated.
Following these four rules of answering questions during a deposition can save one a lot of grief later.
I like how he said "Think about the truthful response." instead of "Tell the truth."
"I don't recall" is not truthful if you know the answer.
We always tell our clients be absolutely truthful -- it is the right thing to do. Also, if you get caught lying, the case is over.
There is an expression that we follow in cases -- you "try the lie" which means when the Defendant Corporation lies, and they always do, then that becomes the case.
"If they will lie to us in deposition and to you in this courtroom, imagine what they do to others." Juries find that an effective argument.
Normally a deposition notice will tell you to bring documents with you to the deposition and the defendant has most likely requested all related documents in a "Request for Production of Documents" or some similar titled discovery request. So yes I would tell my client to bring any related documents to the deposition -- actually to get them to me before hand.
Definitely get with your lawyer to see what the rules are in your jurisdiction.
Best wishes on your case and deposition!
John Watts
I like it -- thanks!
John Watts
I can't give you specific advice but I'll share a few thoughts in general with you.
Yes it is normally best to keep your answers short BUT you must fully answer the question. Don't volunteer but sometimes the question asks for lots of information. "Tell us how what we did has affected you?"
Pretty open question that needs to be answered.
Everyone gets to tell their story -- your obligations is to answer truthfully and your lawyer will get your story out at the right time.
Hope this helps!
Great Video. Thanks for sharing the advice.
+Bama MoonDog Appreciate it!
Well, if you tell the truth and you are supposed to lose, then so be it. But telling the truth has a powerful impact in court -- jurors in my experience hate liars because those who lie are trying to trick the jurors. Make fools of the jurors. Thanks for your comment....
You need to have a lawyer with you when you are deposed so definitely talk to your lawyer. In answer to your question, we tell our clients if they don't know or don't remember, to simply say that. That is the truth so that should be said.
If you disagree with the facts put in a question, I think you are fine to say that in response. You may be asked "Assume ______ happened" and then the question goes on. Generally it is fine to answer "Well, assuming ______, then here is my answer."
John
You could say "I don't know as I didn't think France had a king."
You are being truthful.
If France has a king and you don't know whether he is bald or not, then you are answering truthfully.
If France has no king, then you are still answering truthfully.
That's the power of this -- whatever question is asked, you answer truthfully.
"What color shirt did you wear the second day of 4th grade?"
"I don't remember." If you do, well, that's just scary! :)
Thanks for comment!
John Watts
Alabama Consumer Protection Lawyers
Would I do not recall at this time a good answer?
Amazing how far RUclips has come with production value. This is a powerful reminder of when the info was the value.
At least in depositions I'm a part of -- you have to answer the question. I love it when someone I'm deposing refuses to answer simple questions. Yes a 100% factual statement can be used against you -- sometimes the facts are bad. But to refuse to provide a legit answer? I think that's a recipe for disaster. Thanks for your comment though....
very good right on the money gets to the point!
+4stepdivorce mediation Thanks -- appreciate your comment! John Watts
Can "no comment" be an answer? I have a deposition coming up about a car accident where the defendant crash into my car because another driver got in front of her..she did have ample space but she increased her speed not looking or using her blinker crashed into my lane resulting in injuries, car repair and loss wages because of this accident. In concerning wages they want my employment/housing for the last 5yrs I feel as nothing to do with the wages lost at the time of the accident which is what I'm suing for not my salary. I was in route way to work
I'm sorry you had a bad experience in court or deposition. One thing we always try to stress to our clients is to take their time. Don't let the other lawyer rush you -- ignore facial expressions, etc. I court some judges can get overly concerned about moving the case quickly but I have not seen many judges rush witnesses -- only the lawyers. One reason to have a lawyer is to let your lawyer -- your advocate -- paint the picture that is accurate for you. Again sorry you had this experience.
Make sure you hear the question, make sure you understand the question, think what is the truthful answer to the question, and only answer the question that has been asked. Thank you, I will try.
Good luck! Here is an updated video that might be better -- concept is the same but using an illustration. ruclips.net/video/i0n7UR4ZYVE/видео.html
Wow, Bill was a real genius.
I live for motion to suppress roadblock cases. My late friend won one that was epic.
that answer, just earned you "lawyer worth hiring" designation!
At my deposition an attorney ask me if I had an injunction against me. I asked her to define injunction and she refused. That really took the wind out of her sails.
+Poptropica pro That's a dumb attorney who won't define a term. We don't let our clients answer something they don't understand. Great job! John Watts
Yep, and I'd say if you don't know what an "injunction" is... then it indicates that your pulling a "Bill Clinton" when he said "oral sex" wasn't "sex"...
I've heard it's best to keep answers short and not volunteer information. However I am worried that certain lines of questions could be inaccurate or imply my opponent's version of events. I don't want my responses to be seen as conceding to their story.
HUTA - Hear, Understand, Think and Answer only the question... :-)
Nice helpful video
Why does this guy remind me of Richard Christy when he's being that Ethel character? I was waiting for this guy to slip in "and then my grandson," somewhere in his drawn out preamble.
Sal and Richard? nope
These videos are great but is frustrating when you say look at another video and there are no links or annotations to make it easy to find the video. you can add links on the video and/or the description very easily
The first rule I learned was never ask a question you don't know the answer too!
Should I contact the defense attorney & ask if I should e-mail or download to flash drive all the documents prior to the EBT? Or ask the attorney the day of my EBT if I can do that? I would think they'd want to have the documents for the deposition, right?
The fourth rule is where many people get into trouble as they will provide more information than the question includes.
I guess I should find out what documents they already have because I know they contacted a couple other attorneys to get things related to another lawsuit so I don't waste time & ink on printing the same things out.
I've been subpoenaed by the defense for a non-party deposition in 2 weeks to testify about my ex-boyfriend's motor vehicle accident & the injuries sustained. I got 2 subpoenas--one for the production of "all records and all other deeds, evidences and writings which you have in your custody and power" & the other is to appear at the EBT. I have so many documents that I can't print them all out--I'll burn out my printer. Can I download them onto a flash drive? Or offer to e-mail them?
Q: what if someone asks me about "fight club"?
Also Mr Watts I have not Been able to get hired from anywhere because of the tarnished reputation my former employer left my name is tarnished. Should I bring Some sort of paper showing the jobs I've applied for? thank u sir.
what is the proper way to answer questions that have absolutely nothing to do with the relevant issues in the case and that can't possibly lead to the discovery of admissible evidence ? Do have to answer ALL questions - even those that are irrelevant?
Great question.
It really depends on the judge. The general rule is the scope of the questions is very wide and so it is a risk to refuse to answer because the person being deposed thinks the question is not relevant and won't lead to admissible evidence.
Most judges will rule against that unless you can show the question is just completely crazy.
In 23 years of taking and defending depositions, I have maybe 3 times told my client not to answer a question because it was so irrelevant.
I do love when lawyers on the other side do this frequently -- the judges hate this. If you tell your client not to answer you have to be 100% right or else it can blow up on you. You can be forced to put your client back up for deposition, pay for the deposition, and now the other lawyer can ask all sorts of follow up questions.
Unless it is a crazy question, it is easier to answer.
For example -- "how far is the moon from Jupiter?" Dumb question, right?
So what -- just answer it. "I have no idea."
Seems to me a lot better than wasting a lot of time and money fighting over whether you have to answer it.
And when lawyers try to block questions it tells the questioner that there is something to hide. Sometimes there is not but it looks that way.
Those are my thoughts for what they are worth. :)
Best of success
John Watts
My deposition is coming up in June next month in reference to me being terminated from my work due to a seizure I sustained. If they start asking questions in reference to dates from 2yrs ago and I honestly don't remember I just say I don't remember correct? also if I don't believe what the other side is saying for example in a statement that I believe is or is not true , am I aloud to say that? Thanks!
I am seating here waiting for more if what this guy had to say and the entire video is over?
Rick, I'm planning a longer video on depositions. Something similar if you want longer content is here -- ruclips.net/video/xF2ZuR2-O4o/видео.html
7 mistakes when testifying and it includes the four rules I summarized in the short video you commented on.
Thanks
John
What if the question isn't accurate where answering yes or no would imply a false premise?
e.g. Is the current king of France bald?
Thanks for the nice comment pcgaming guru!
The Question is; " What Is the Question? "
Deep stuff! :)
If answering truthful may incriminate you and the opposing counsel may not know the answer otherwise is "I dont recall" an appropriate response?
A lawyer once told me to "lie like hell, dont get caught"
I feel like every question is to catch you in a lie to discredit u
I would add 1. "I don't know" is an acceptable answer if you do not know the answer to the question. Otherwise, great quick hitter!
TonyX311 Yes absolutely! If it is true that "I don't know" then that is the only truthful answer I can give. Thanks!
John Watts
+Alabama Consumer Protection Lawyers Since you would be guilty of perjury for knowingly giving false testimony, is it not wisest to say "I cannot recall with certainty at this time" unless you know for sure?
+P1B1U1H1 Unless we are confident, then we don't want to guess. Now sometimes the lawyer will say "Well, tell me what you do remember." Here's an example. I'll ask someone a question and they say "I don't recall all the details." My follow up is "Tell me all the details you do remember." Or someone say "I don't remember that specifically." "Well, do you remember it in general."
Bottom line is when you answer you are answering under oath the same as if you were in a courtroom. So don't guess, make stuff up, assume, etc. Instead make sure your answer is truthful which may mean "I don't know" or "I don't remember" etc. Thanks for you good comment!
John Watts
Alabama Consumer Protection Lawyers
I am not being deposed, but think this fascinating. The problem is then I cannot give any specific information without a sheet of paper in front of me. Arguendo, assume a charity event my wife & I attended was important. All I could tell you is that I did attend the event, that my wife & I sat at a table together paid for by my department, & that there were auctions of some sort going on. You might then pull up something I bid on. I would then read the sheet of paper & repeat what was on that sheet of paper to you. If you asked any further details, I'd have to say "I cannot remember with certainty at this time." Everything else would be speculation on my part. So why are you deposing me? You already had that sheet of paper. Remember, this is just two weeks ago & I cannot even remember the exact date.
I hear you. :)
Part of the reason to depose is to nail down testimony so you know what the witness will say at trial. So in your example above if you testified like you described, but then came to trial and suddenly remembered minute details, then that would be a problem. And in the depo there would be lots of things to ask about the charity event. Why you went, who you saw, what it was for, etc. Obviously the details of the case dictate what depos are needed for and the information requested. An example -- I deposed a high level Wells Fargo employee in a wrongful foreclosure case. I asked her a lot about WF policy if it realizes it has harmed someone -- will it apologize and make it right. She kept refusing to answer which was fine by me -- made WF look like a terrible company. Who won't apologize when they have done something wrong? I had her explain the call logs/notes from WF as all sorts of abbreviations, etc. Point is there are lots of things to get out of depositions even though the person being deposed doesn't have perfect memory. And it gets fun at trial when people say "Now I suddenly have a perfect memory" when they couldn't remember anything at trial. ;)
John Watts
once you start telling the truth,...sooner or later you going to be found out !
That is generally a good rule when asking questions but if you ask a question you don't know the answer to, generally you need to not care what the answer is. In other words, ask a question that the defendant will either look dishonest or like an idiot if they deny it.
We ask collectors -- you agree you should never harass a consumer. I don't care what their answer is.....
Ask truck drivers -- you always have to have your vehicle under control, right? Again, who cares how they answer.... :)
I notice that nowhere in this video is it said that the answer should be truthful. Just think about the truthful answer.
@ 0:50 starts- you're welcome
Jesus ..what is it with these guys. My truthful response is my middle finger in the air to any freeking lawyer.
I have a question, what is the question 🤔
Good question.... :)
I learned something from this video. You're attractive.
Don't answer.
:)
Obvious....
awful in my opinion - just an ad
The videographer who shot this video needs to be spanked, speaker was not properly miked.