Ryan C. Young | Attorney
Richmond, Virginia
Civil Litigation
What is a deposition?
If you are involved in a lawsuit you may be asked to give a deposition. In Virginia, as in most other states, a deposition is not a courtroom proceeding, although a court reporter will record the testimony you give under oath at the deposition. Essentially, it is a conversational fact-finding mission. Parts of your testimony may be presented later in court, especially if an attorney is attempting to show the judge and jury that there are inconsistencies in what you have to say. A deposition gives both sides a lawsuit the opportunity to find out as much information as they can from the person who is giving the testimony. Witnesses in a lawsuit may be asked to give a deposition and usually plaintiffs and defendants are also asked to give pretrial testimony.
Who is present at the deposition?
If you are a party to the lawsuit expect at least three people besides yourself to be in attendance at your deposition. Your attorney will be present to protect your legal rights, the opposing counsel will be present and a court reporter. If the case involves insurance than an lawyer for the insurance company may also be present. In addition, the other party to the lawsuit is allowed to attend.
Where does a deposition take place?
In most cases depositions take place in an attorney’s office. Although it is not unusual for them to be taken in the workplace of one of the parties to the lawsuit (such as an available conference room) or even in a Virginia courtroom that is not being used.
Preparing for a deposition is not hard. In actuality there are only three things someone testifying at a deposition needs to do:
1. Listen carefully to the questions
2. Make sure you understand the question. If you are unsure of the meaning ask to have the question repeated in a different way
3. Respond to the question carefully and truthfully
Think about your answers and the question.
When you answer a question is as few words as possible. If you can answer with a yes or no, do so. Do not embellish your answers were volunteer any information that has been asked for. I am not saying that you should be dishonest, instead, you shouldn’t volunteer information which hasn’t been asked of you. Think about the question before answering.
Also, if you don’t understand the question that is being asked, let the attorney know. Often times, attorneys ask questions which are vague and open-ended on purpose.
Your lawyer may share with you a favorite tactic of litigation attorneys who represent the opposition is to try and rattle you by getting you angry. No matter how obnoxious opposing counsel is or irrelevant you feel his questions are, always answer briefly and courteously. Or, your lawyer may warn you that the attorney for the opposition has a reputation for being charming which might cause you to let your guard down, this is another tactic that attorneys use to get you to reveal information that could damage your case.
If you need to bring documents to your deposition your lawyer will instruct you which documents will be needed, make sure that you bring them.
Your litigation lawyer will be there with you. His job is to be your advocate while your job simply answer questions. Under no circumstances should you attempt to argue why you are right.
Have faith in your attorney is he has your interests at heart. Keep your answers brief and to the point. Do not easily volunteer any information which has not been requested.
Ryan C. Young | Attorney | Richmond, VA
