The Deposition Playbook

Why This Is Important

The deposition is the single most important day of your lawsuit. It is the one day where the other side gets to question you, under oath, for hours on end. It is a high-stakes, high-pressure event that can make or break your case. This playbook is your secret weapon. It will demystify the process, arm you with the knowledge and tactics you need to succeed, and give you the confidence to walk into that room and win. Who This Is For This appendix is for every plaintiff who is facing a deposition. It is for anyone who is feeling anxious, intimidated, or unprepared for this critical event. It is for the fighter who wants to be ready for anything and to turn the tables on the opposition. What This Is This is a comprehensive, step-by-step guide to preparing for and handling your deposition. We will cover everything from the basic rules of the game to advanced tactics for dealing with difficult questions and tricky lawyers. We will give you a simple, powerful framework for answering questions that will protect you and your case.

What You Will Learn

You will learn what a deposition is, why it matters, and what to expect. You will learn the rules of the road, the roles of the players, and the strategies for success. You will learn how to prepare, how to answer, and how to win. By the end of this playbook, you will be ready for your most important day. A deposition is a formal, out-of-court testimony given by a witness in a lawsuit. You will be asked questions by the opposing counsel, and your answers will be recorded by a court reporter. The testimony is given under oath, which means that it has the same legal force as testimony given in a courtroom. The purpose of a deposition is for the other side to find out what you know. They will ask you about the facts of your case, your background, your damages, and anything else that they think might be relevant to the lawsuit. They are looking for information that will help them defend their case and to size you up as a witness. Your deposition is a critical event. Your testimony can be used to support or to undermine your case. It can be used to impeach you at trial if your story changes. And it can have a major impact on the settlement value of your case. The Rules of the Game You need to know a few basic rules before you go into your deposition: You are under oath. This means that you must tell the truth. Lying under oath is a crime called perjury. The opposing counsel can ask you almost anything. The scope of questions in a deposition is very broad. The questions do not have to be admissible in court. They only have to be reasonably calculated to lead to the discovery of admissible evidence. Your attorney is there to protect you. Your attorney will be with you throughout the deposition. They can object to improper questions, instruct you not to answer certain questions, and help you to stay on track. Everything is on the record. The court reporter will be transcribing everything that is said in the deposition. There is no such thing as an "off the record" conversation. The Cast of Characters There will be several people in the room during your deposition: You: The witness. Your Attorney: Your advocate and protector. Opposing Counsel: The lawyer for the other side. The Court Reporter: The person who transcribes the testimony. The Videographer (sometimes): In some cases, the deposition will be videotaped. Winning your deposition is not about being clever or witty. It is about being prepared, disciplined, and truthful. It is about following a simple set of rules that will protect you and your case. Here is the playbook: 1. The Golden Rule: Listen and Pause Listen carefully to the question. Pause before you answer. This will give you time to think about the question and to formulate your answer. It will also give your attorney time to object if the question is improper. 1. The Three Magic Words: "I Do Not Know" If you do not know the answer to a question, do not guess. If you do not remember, do not speculate. The three most important words in a deposition are, "I do not know." 3. The Power of "Yes," "No," and "I Do Not Recall" Answer the question that is asked, and only the question that is asked. If the question can be answered with a "yes" or a "no," do so. Do not volunteer information. Do not explain your answer. Do not tell a story. 1. 2. The Document Rule: Read Before You Speak If you are shown a document, read it carefully before you answer any questions about it. Do not let the opposing counsel summarize the document for you. Read it for yourself. The "Be a Tree" Rule: Do Not Get Emotional The opposing counsel may try to provoke you, to make you angry, or to get you to lose your composure. Do not take the bait. Stay calm. Be a tree. Let the wind blow through your branches. War Stories: The Deposition in Action The Case of the Never-Ending Question: The opposing counsel asks a long, rambling, compound question that is impossible to answer. What do you do? The Playbook: You say, "Can you please rephrase the question?" Or, "I am sorry, I do not understand the question." You do not try to answer a question that you do not understand. The Case of the Hypothetical Question: The opposing counsel asks you a hypothetical question, like, "If you had known that the company was going to lay you off, would you have started looking for another job sooner?" The Playbook: You do not answer hypothetical questions. Your attorney will likely object. If they do not, you can say, "I cannot answer a hypothetical question. I can only tell you what actually happened." The Case of the "Is That Everything?" Question: The opposing counsel asks, "Have you told me everything that you remember about the conversation?" The Playbook: The answer to this question is always, "That is everything I can recall at this time." You do not want to close the door on the possibility that you may remember something else later. This playbook is your guide to success in your deposition. Read it. Study it. And on the day of your deposition, trust your preparation, trust your attorney, and trust yourself. You are ready for this. You are ready to win.