• Documents Responses. Review any financial documents such as paystubs, tax returns, or lists of monthly expenses that have been provided to the Court or to the other attorney. The opposing attorney will generally ask about each item that appears on a party’s list of monthly expenses to determine if the claimed expenses are legitimate expenses and how the figures listed in the monthly expenses were determined. Be prepared to support that answer.

IT IS NOT NECESSARY TO MEMORIZE! It is not necessary to memorize any statement or document. When answering questions, especially about financial matters, it is okay and even preferable to refer to the documents that have been submitted to the opposing attorney. “I believe that information is included on my tax returns.” If pressed further, a deponent may state that they do not recall the exact statement or content and ask to see the document in order to respond further.

HOW SHOULD I BEHAVE?

There are a several basic rules that a deponent should follow. That is particularly true if the deponent is a party.

1. THINK BEFORE YOU SPEAK! This may seem like an obvious subject, yet, it may be the most important part of your deposition. It is important that you listen to each question carefully - (pause) - and be sure that you understand it before answering. If you do not understand a question, ask the other lawyer to repeat it or rephrase it so you can understand. When you understand the question, answer it honestly and in a straightforward manner. If you don't know the answer, say that you either don't know or don't recall. If you are estimating, state that you are estimating. Pausing will also allow your attorney to make any objections that may apply. Do not be surprised if your attorney does not object to questions that you may think are out of bounds or irrelevant. Remember, the scope of discovery is extremely broad. Rarely will your lawyer ask you questions during the deposition. However, in some cases, your attorney may determine that it is advantageous to ask some questions to explain or clarify a particular point. If your attorney does not ask any questions, don't be disappointed; but if they do, keep your answer short.

2. DO NOT ARGUE. You should never argue with the attorney or refuse to answer a question unless you are instructed not to answer by your counsel. Remember, refusing to answer a question simply plays into the opposing attorneys game plan. It lets the opposing counsel know that they have hit a nerve. After the deposition is concluded, the court reporter will type up your testimony. You have the option of reviewing your deposition after it has been typed so that you may make any corrections. If you fail to read and sign the transcript, after noting corrections, within 30 days from the preparation of the transcript, the rules provide that you have waived your right to do so.

Page 4 of 4 :: First | Last :: Prev | 1 2 3 4 | Next