Being Deposed: Tips for Testifying Under Oath

Nervous about an upcoming deposition?

Here are a few pointers to get you on track and prepared.

While being deposed most people fell the urge to argue their case- don't.  The more you talk, the more ammunition you give to the opposing counsel to use.

If the question being asked can be responded to with a simple "yes" or "no" answer it in a complete sentence describing what it is that you are saying yes or no to so that your short responses cannot be used agaisnt you.

Be honest.  As a witness if you discredit yourself even once you could lose all of your credibility.  If you don't remember something exactly let them know that you don't recall.  Don't fabricate an answer just to provide a response.

If you don't understand what is being asked of you- say something!  Don't respond with an answer to a question that was not asked, ask them to reword their question or to elaborate on specifics of what is being asked.

If you need to you the bathroom, take a break, or get a glass of water- say something! Just keep in mind that you have to finish the last question that was asked of you before you are allowed to take a break.

Don't blurt out the first thing that pops into your head.  Think for a few moments.  This time allows your attorney to think of grounds for objection and allows you to lay your response out in your head so that when you do speak you won't trip over your words or have to correct yourself.

If anyone looks confused about your answer to not take that to mean that you have to elaborate.  Only clarify your response when you're asked to.

Don't be 100% definitive.  If you're asked to produce each or every instance of an event make sure you end your statement with a qualifier like "As of right now that's the best I can recall the events."

Don't explain your train of thought or how you arrived to a response.  Again, it is not in your best interest to disclose more information than they ask for.

Since you are in fact being honest never classify your responses with "honestly, I..." or "truthfully, I..." It makes it seem as though you were not honest in previous answers.

Be honest.  As a witness if you discredit yourself even once you could lose all of your credibility.  If you don't remember something exactly let them know that you don't recall.  Don't fabricate an answer just to provide a response.