7. Common Deposition Questions. This checklist is offered only as a generic starting point. 0000064012 00000 n Note that the principles that apply to your deposition testimony will also apply to your trial testimony. 0000009863 00000 n It establishes the record, helps the deposition proceed more smoothly, limits the ability of others to influence the witness testimony, and limits the ability of the witness to subsequently justify inaccurate, untruthful or incomplete answers. The insurance company wants to find out your version of the facts, what your injuries are and how they have impacted you, and how good a witness you will be. Our attorneys rarely agree to take a deposition over the phone, particularly of a defendant or key witness. Explain what you want -- phrase your broad questions as clear instructions, e.g., The lawyer will then depose the parties involved and any witnesses to . `{F~ %1i1R` v9|oz65%ty B{'t/ K`g3m%-rwlYh=PY[Vb##A^`Nr{YLEl]o "XfWUELGEk#{G-JShz=Ai2776 +CMemnJ$^>W(ZbkgG5F4M_3.u`}zNGz8xxyb;qQY*QS$aWG M7+(k!aOdU8b(G^ldGT(M#5{`# fSyrc` h,2$B8OOVh(pl!=QWc Q-X[^4 }Ys{;u:XHmT^S oh*Kb0y')2.lRd\vuhzWH%L|-|v^;,*m@ BJ%6`W@'/sxkY;-~O,DPln,\w.dMX1RA9ih>l13 down specific facts. Where did you read about it? You will develop your style by taking depositions and defending depositions and, if you work in a law firm, by watching your mentors depose witnesses. What kind of car were you driving. Ask about source of information If deponent represents a corporation, ask about its structure, official name, licenses, and B. UpCounsel accepts only the top 5 percent of lawyers to its site. To find out more about what our personal injury attorneys can do for you, please do not hesitate to contact us at (509) 866-4166 for a free initial consultation. Prepare a request for production of documents and subpoena whatever it is that you need. In 2021, the market is growing at a steady rate and with . A. PRE-DEPOSITION PLANNING So plaintiffs must be good and honest historians of their medical treatment (both past and present) in a personal injury claim. FREE DOWNLOAD : 247 Sample Deposition Questions for Expert Witnesses Advocacy You are here as an advocate for the plaintiff, correct? One doesnt want a witness offering repeated answers of I dont know because the witness isnt absolutely certain. How did you use Lot 19, 20, 21, and 22? Asking this question reminds the witness not to look to others for clarification and reminds others in the room not to offer suggestions or clarifications. No cheering section, unless deponent is a child who wants a parent present. Re-read Trial Rule 28 on the person before whom the deposition may take place Did you ever meet the plaintiff's (or defendant's) counsel? With individuals or companies who are not parties, a party may be deposed in the county in which she works or lives. They quite literally worked as hard as if not harder than the doctors to save our lives. talking about.. 0000001907 00000 n << If youre a litigator then once youve been in practice for a while you will have taken depositions in lots of cases, covering lots of different issues, from many different types of witnesses. Logistically, it is also hard in any document-intensive case to stay on the same page when it comes to referring to documents. The first question is "why?" Here's the reason: If you are deposing someone then most of the time that witness is adverse to you. Outline of topics to cover in deposition Deponent's background Name, address, age, date and place of birth, all places lived, social security number State of deponent's health, including drug/alcohol use, disabilities, eyesight and hearing, mentalillnesses, and whether deponent has ever been under the care of a doctor or therapist Criminal record 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. Generic Expert Deposition Checklist After Daubert, counsel deposing experts will want to prepare highly specific lines of questioning based on the detailed content of the expert's report. One more thing to keep in mind. for having a witness qualified as an expert. In one situation, you should instruct the witness not to continue the deposition until after you have had time to file a motion to terminate it; you should order a up until you were 21 describe any injuries or illnesses that caused you to see a physician or chiropractor, ever been to a chiropractor before the wreck. Hire the top business lawyers and save up to 60% on legal fees. Who else was present when you met with your lawyer? In order to schedule the deposition, you must send a notice to party or a subpoena to a non-party. Maryland Rule 2-418 uses this identical language. Review the case file Lawyers are taught to never ask why? at trial. It is critical to toe the line on this delicate balance. 5. 1. Mix it up a bit. Hearing no objection, let us continue. E. DECIDE IF YOU WILL ASK ANY QUESTIONS. Opposing counsel is both seeking to get your story but also to elicit statements that can be used against you at trial. Some questions are designed to test a witness memory but others are designed to confirm a factual detail. 5. If you have previously obtained a protective order prohibiting questions on this subject. If deponent has an attorney, call attorney to arrange mutually agreeable time and place for deposition. Reconvene the Regarding non-parties and experts, review any reports, medical records, relevant standards or guidelines, manuals, or other documents that may guide your examination. Privilege. tanford@indiana.edu. Instruct the witness to answer your question. I suspect that script would be useful for new attorneys and pro se litigants. You also should not volunteer information, simply stick to the question posed. You can send the notice first, and then start drafting your questions. /Length 3115 However if you answer my question, I am going to assume that you understood it. what are your symptoms from the wreck prior to the wreck ever have any problem with list areas. Pay close attention to the response For further information see: Ethics Opinions Every South Carolina Attorney Should Know: Part II, Improper Deposition Defense Conduct. First, it allows the defense attorney to really figure out what your claims are all about. If the name is not known, it can be something like custodian of business records.. Learn how your comment data is processed. For example if you had orange juice, toast and coffee for breakfast and I ask you what you ate for breakfast, if you answered orange juice that would not be a complete answer and you would not have properly answered my question. Depositions 101: Setting Up the Win at the Plaintiff's Deposition Spencer H. Silverglate Clarke Silverglate, P.A. In this case, the custodian of records is required by law to either produce documents to the requesting attorney or appear for deposition. 7. A court reporter is present throughout the entire deposition and records it word by word. The outline can be tailored for any type of expert witness and is constructed to make sure you meet the basic evidentiary requirements (e.g., qualifications, foundation, etc.) How fast was defendant going. The contact form sends information by non-encrypted email, which is not secure. After they have been marked, ask the opposing attorney if s/he would like to see them, and put it on the record, e.g. Victims also need to be clear on the specific damages that they are claiming at trial. In that circumstance an answer of I dont know is not appropriate but an answer giving a range or estimate based on your knowledge with an explanation that its a range or estimate is appropriate. The notice must include the following information: Your attorney must sign the notice. Re-read Trial Rules 26, 28, 29, 30, and 37, and any applicable Local Rule. If I object, ignore me. 0000005060 00000 n Next, with respect to non-parties, you should depose the key individuals whose testimony will either support or discredit your case. questions, feel free to say so, and I will rephrase it. Attorney at Law. (information for preparing their client for a deposition in an accident case). But there are two deposition questions that you should (almost) always ask. The case settled and I got a lot more money than I expected. 4. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Ask for explanation of deponent's record-keeping practices Mr. K. WHEN SHOULD YOU TERMINATE THE DEPOSITION? endobj Second, you shouldnt ask why if you have good reason to suspect that the opposing party will not present the why. %%EOF 0000000916 00000 n Obtain binding admissions from defense representatives. After the opponent has asked his or her questions, state that the deposition is ended. Do you have a driver's license? 3. What happened to your body when the cars collided? Ignore them. There are two primary reasons for taking a deposition. after one year after how did you feel still have any problems today, what do your doctors tell you about your prognosis. So relax, and do not worry about it, the truth is what will matter, not whether you are nervous. Depositions matter. And you need to know why if you can because (a) the explanation may help you, and then you can use leading questions at trial to get to the same beneficial answers, or (b) if the explanation is not helpful then its likely that the opposing party will present the why during their case. A party to the case in Maryland may be noticed for a location in the county where the lawsuit is pending, whether or not the party is a resident of that county. . How were dollar figures calculated? Get explanations of any codes or abbreviations on records Have you completed that assignment? Don't impeach or get hostile toward witness who is hammering you If defendant counterclaimed, plaintiff should ask for an explanation and the factual basis for You also want to verify that the witness is not being coached or otherwise influenced while giving testimony. Although no judge is present, this is a formal legal proceeding just like At trial you will try and persuade the jury, correct? ), and make sufficient copies of the documents for opposing counsel and for the record. 0000002085 00000 n The witnesss arrest and conviction record. Attorney work-product. 2. Sometime close to the deposition date, schedule a time to meet with your client in order to discuss the case and what he or she can expect from opposing counsel. That means an answer that fully and completely answers my question. Finally, you should depose experts whose testimony you believe you require after reviewing information provided in the mandatory expert disclosures. The starting point for learning how to take a deposition is determining whom you should depose. No. Script for the beginning of each deposition. 2. 1. he's a peeping Tom or cheated on a 10th grade math test. For that, you must decide on your own whose deposition to take, you should keep in mind that the opposing party should always be deposed in order to tie down the detailed facts and disputed events, as well as to assess their credibility. Explain that any exhibit will remain in the custody of the court reporter, annexed to the deposition itself. 4 0 obj Object to a request for information protected by the attorney-client or other privilege. If the witness has, the next line of questioning can act as a useful reminder. 0 them truthfully unless your attorney tells you clearly and directly not to answer. If the opposing party is a corporation or other business entity, you should depose the officers and employees directly involved in the events at issue. The opposing attorney has the right to ask a few questions for clarification or rehabilitation, but does not have the right to conduct a lengthy interrogation. Discovering Your Opponents Consulting Experts Work, Who, What, Where and Why of Expert Witnesses, Name of the deponent. In a normal conversation folks sometimes interrupt or talk over each other but here its important that we wait for each other to finish asking or answering a question before the other begins talking. Your email address will not be published. Bad: Sally and her mother both say you hit Sally with a baseball bat on March 21. For settlement, the deposition is the most important tool insurance companies use to evaluate the value of the case. 0000005790 00000 n 196 0 obj <>stream What is your training in the area of ___? Rule 30(b)(6) depositions are important discovery . However if you need clarification of my question you need to look to me for clarification and not to anyone else. 0000004096 00000 n any objections to its accuracy for the record. Here is an example of the subjects covered in one sample deposition: Defendant Driver in Auto Case. Depositions of third parties can also be taken but only for the production of documents. 4 0 obj So it is a judgment call. /Resources << several deposition questions you should always ask, blog posts that cover these standard deposition questions. After your introduction, you will move through the relevant deposition question topics in a logical order. Deposition Part 2 Deposition Part 3 EXAMINATION BY MR. SMITH Q. Mr. Manning, good morning. 0000030483 00000 n Ownership of cars, boats, RVs and other major assets [if relevant] Deposition Example Transcripts Car Accident Defendant Driver #1 (wrongful death pedestrian accident) Defendant Driver #2 Defendant Driver #3 Defendant's Medical Doctor Plaintiff Police Officer Insurance Adjuster in Uninsured Motorist Case Questions you can bet a defense lawyer is going to ask you at deposition Truck Crash 5. They can ask for opinions. Resources that you used during law school trial advocacy class generally contain sample outlines that can get you started. were you taking any prescription medication before the wreck, before the accident did you ever have any of the symptoms you complained of after the wreck what were those symptoms. We have had cases where good, well-prepared plaintiffs dramatically increase the value of the claim. Tell client to meet you at your office before deposition, or arrange to pick him or her up. Provide advice on answering questions, including the need to understand what opposing counsel is asking, the importance of answering only the question asked, and the need to treat the deposition seriously. Identify by name and connection to the case, everyone who is in the room. A TYPICAL DEPOSITION OUTLINE Formalities at beginning of deposition 1. Your email address will not be published. Pay attention Professional recognitions, achievements, positions you hold? Youd still do the same thing because youre making your record as much as you are informing them. You have to bear in mind during your deposition that while you want the insurance company to understand what you have been through as a result of your loss, this is not the time to try to get all of your thoughts out. You just write down the questions, and the deponent answers them in writing on his or her own time. Only the following persons can take a DWQ: Clerk of a district court Judge or clerk of a county court A court reporter A notary public. The outline can be tailored for any type of expert witness and is constructed to make sure you meet the basic evidentiary requirements (e.g., qualifications, foundation, etc.) the question and instruction and the reporter's certification that the transcript is accurate). Juries are smarter than most lawyers realize, and they usually see overly coached testimony from a mile away. If the deponent needs the original for some Call a few days before the deposition and remind your client. A notice of oral deposition must be mailed or delivered at least ten days before the declaration is taken to be effective under Maryland law. It's time to renew your membership and keep access to free CLE, valuable publications and more. After the objection, instruct the witness, Please answer the question. Obviously, where the objection is based on privilege, the witness likely will refuse to answer. Usually this scenario occurs when you are deposing a fact witness who is roughly neutral to both sides. These standard deposition questionscover the following topics: Other sites have publishedblog posts that cover these standard deposition questions, and they do a good job of listing the questions and explaining why you should ask them.