Can anything be asked in a deposition? (2024)

Can anything be asked in a deposition?

They can ask anything they want, including lots of embarrassing and personal stuff. At trial, they can point out differences between what you said at the deposition and what you say at trial, so don't say anything unless you are sure about it. Depositions can last two hours or more.

What questions can't be asked in a deposition?

How many questions can be asked in a deposition?

It is customary that they last anywhere between three (3) and six (6), sometimes less. The scope of questions is unlimited, and attorneys have the right to ask broad questions on topics that may seem irrelevant. Many topics covered in Depositions are not admissible at trial.

Can I decline to answer questions at a deposition?

The rules for depositions vary by state and in federal court, but generally, the deponent must answer every question presented, regardless of objection, unless the answer is protected by a privilege or a court order. A deposition will usually be taken before a court reporter authorized to administer oaths.

Can you ask open ended questions in a deposition?

Examples of common questioning mistakes that can hurt your case include: Asking open-ended questions. Although opposing counsel may try to elicit damaging admissions from your witness with open-ended or vague questions, you need to tighten up your questioning to produce concise answers.

How to beat a deposition?

What do you say and not say in a deposition?

Can both sides ask questions at a deposition?

The parties or their attorneys have the ability to ask questions of the person being deposed. Usually the person who requested the deposition will ask questions first.

Can both sides ask questions in a deposition?

The question-and-answer format in a deposition mimics the process of giving testimony in court, in which lawyers from both sides of the dispute ask questions to which witnesses then provide answers under oath.

What happens if you fail a deposition?

A deponent who, without justification, refuses a deposition when requested via subpoena may be ordered to pay expenses caused by the failure, including attorney's fees for the side that requested the deposition.

How do you answer tricky deposition questions?

What happens if someone lies in a deposition?

Perjury Penalties in California

The penalties for a perjury conviction vary from no jail time to four years in state prison. First-time offenders with no prior criminal history may be looking at zero days in jail, formal probation, fines, community service, and restitution.

Can I answer I don't remember in a deposition?

Do not offer to fill in or provide information later. Only answer the question if you know the answer. “I don't know” is a perfectly good responses (as long as it's the truth). “I don't remember,” “I don't recall,” and “I don't recall at the present time” are all perfectly good responses.

What words to use in a deposition?

Because a deposition is sworn testimony, say what you know to be true without avoiding giving testimony that you do know. You can also say something like, “I don't know but my best estimate is x.” This allows you to provide an estimate without being held to anything specific.

What is the leading question in a deposition?

The ideal leading question is one that evokes 1) an admission or 2) a refusal to agree that exposes the plaintiff as a liar or a fool. Of course, not all deposition questions can be leading, nor should they be.

Can I plead the fifth in a deposition?

The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.

Do people settle at deposition?

How long after deposition will they settle? The timeline for a finalized settlement varies after a deposition. It's very rare for the defense to offer a settlement during or immediately following deposition. Instead, they may offer the settlement well after the trial starts.

How do you defend yourself in a deposition?

If you're defending a deposition, you need to anticipate what opposing counsel is going to ask and where you are likely to have to make objections. Once you understand the case and the purpose of the deposition, it's important to try to understand opposing counsel's reputation and style.

Why do lawyers do depositions?

A deposition is an opportunity for a party, through its attorney, to learn information within the knowledge of another party or witness. Through the deposition process, questions seeking information are asked, and answers given may lead to further, or follow-up, questions.

Can you object to hearsay in a deposition?

Some of the most common objections include: Relevance: This objection is made when the question is not relevant to the case. Hearsay: This objection is made when the question is based on the testimony of someone who is not present at the deposition.

Can you ask about hearsay in a deposition?

The following objections may be valid in a courtroom but they are not valid in a deposition. Hearsay Objections – Hearsay in a trial is inadmissible because the opposing counsel cannot cross-examine the declarant. In a deposition, much of the information may be in the form of hearsay.

Are you under oath in a deposition?

A deposition is testimony made under oath and taken down in writing by an authorized officer of the court, typically in an out-of-court setting and before trial.

Do judges attend depositions?

Although the judge is not present during the deposition, sometimes a judge will be “on call” in case there are disputes over any questions, but this is typically only in high profile cases. Usually any issues or objections that are raised during a deposition are dealt with by the judge at future court appearances.

Can you object to a question during a deposition?

During a deposition you can object to the form of a question. This objection is like a referee in a game of football, making sure that the rules are being followed and the game is played fairly. If a question is unclear or improperly worded, the attorney can object to prevent the deponent from answering it.

Can you change your answer after a deposition?

The simple answer to if you can change your answers on your deposition is, yes, you can change your answers at any time. The biggest issue with a deposition is that you're not getting a list of questions that the other side is going to ask you in advance.