14 Nov Best Deposition Questions
What Are the Best Deposition Questions?
When you’re an attorney conducting a deposition, you want to make sure you ask the best questions possible. This way, you can get the most information out of the deponent as you can to help you build your case. So, what are the best deposition questions?
The best deposition questions are “Why?” and “Is that all?.” However, you should also ask specific and open-ended questions. Just make sure the deposition isn’t going to be played at the trial before you ask “Why?” and “Is that all?”
There are a number of reasons why you should ask these questions as well as occasions when you shouldn’t ask them in a deposition.
The Best Deposition Questions
Some of the best deposition questions are often “Why?” and “Is that all?”
1. “Why?”
First, let’s look at the question, “Why?” This is a great question because it gets to the heart of the matter. It forces the deponent to think about their answers and to give a reason for why they did something or why they feel a certain way.
Asking “Why” isn’t a good idea at a trial, but it can be immensely helpful in a deposition. In a trial, asking “Why?” is a dangerous move since you can’t guarantee what the witness is going to say, and you may not have a chance to combat it. In a deposition, however, you can ask “Why?” all you want since it’s not going to be played at the trial (usually).
The answers you receive to this question can help you understand the witness’s mindset and motivations. This can be helpful for impeaching the witness later on if they say something different at the trial and for coming up with ideas for other questions to ask. All of this can help you strengthen your case for the trial.
2. “Is That All?”
This is the second great question to ask in a deposition. As this question encourages the witness to keep talking, allowing you to see if the witness was originally holding back information.
Again, this isn’t a question you’re going to want to ask at the trial, but in a deposition, it can be very helpful, as it minimizes the chances that the witness is going to add new information to their testimony at the trial.
3. Specific Questions
Asking specific and open-ended questions is also important in a deposition.
Specific questions such as, “What time did you leave your house for work on October 10?” can help you understand what the witness saw, heard, or did. They can establish detail and help you understand the situation better so that you can build a stronger case.
4. Open-Ended Questions
Open-ended questions such as, “What happened when you got to work on October 10?” or “You said you met with a private security company to ask them to set up a system that would keep your family safe. Please describe everything that was discussed about that system,” can also help you understand the situation better. These questions encourage the witness to give a fuller account, which can provide more details that you might not have thought to ask about.
Asking open-ended questions can also help you build a rapport with the witness. If the witness feels like they can trust you and that you’re interested in what they have to say, they’re more likely to be forthcoming with information.
Finally, just make sure that the deposition isn’t going to be played at the trial if you’re going to be asking “Why?” and “Is that all?” You don’t want the jury to hear those questions since you don’t usually know what the speaker is going to say in answer to those questions.
When You May Not Want To Ask “Why?” and “Is That All?”
There are a few exceptions to when you may not want to ask questions like “Why?” and “Is that all?”
First, if the deposition is going to be played at the trial, you’re not going to want to ask those questions. This is because as mentioned before, you don’t know what the deponent is going to say, and their answer could do serious damage to your case.
Second, if the witness is uncooperative or evasive, asking “Why?” and “Is that all?” isn’t likely to get them to open up more. In fact, it could make them even more reticent to answer your questions. Instead, you may want to try a different tactic, such as asking more specific or open-ended questions.
Finally, if you sense that your question will cause the witness to water down or create confusion around their previous answer, leave it be.
How Does a Deposition Work?
A deposition is an official question-and-answer session between an attorney and a witness. The attorney will ask the witness questions about their testimony and the witness will answer those questions under oath.
Depositions are typically done outside of court in a conference room or a lawyer’s office. They can be done in person or over the phone, but most often they are done in person so that the attorneys can better gauge the body language and demeanor of the witness.
Depositions are typically done before trial. However, they can also be done during a trial if new information comes to light or if there is a need to clarify testimony.
A deposition can be an extremely powerful tool for an attorney. It allows them to understand what a witness is going to say before they ever set foot in the courtroom. Additionally, it allows the attorney to gauge the witness’s credibility and to prepare for cross-examination.
Tips for Testifying in a Deposition
If you’re going to be testifying in a deposition, it’s important that you understand how the process works and what you can expect. Here are some tips:
1. Be Prepared
The attorney who is taking your deposition will likely have done a fair amount of research on you and the case. You should do the same. Review any documents that you’ll be testifying about and make sure that you understand them inside and out. Additionally, think about any questions that you anticipate the attorney will ask and have your answers prepared ahead of time.
2. Listen Carefully to the Question
It’s important that you listen carefully to each question that is asked and that you answer that question directly. If you don’t understand a question, ask the attorney to clarify it.
3. Be Truthful
It’s important that you be honest in your answers and that you don’t try to hide anything. If you’re caught in a lie, it will not only damage your credibility, but it could also land you in hot water legally.
4. Take Your Time
There’s no need to rush your answers. If you need a moment to think about an answer, take it.
5. Be Respectful
Even if the attorney who is taking your deposition is being rude or aggressive, it’s important that you remain calm and professional. Losing your temper will not help your case and it will likely only make things worse.
Conclusion
Depositions can be stressful, but if you’re prepared and you keep these tips in mind, you’ll be able to get through it without any problems.
Related Questions
How long do depositions last?
Depositions can last anywhere from a few minutes to a few hours, or even longer in some cases. It all depends on the subject matter and the number of questions that need to be asked.
What is the difference between a deposition and trial testimony?
In a deposition, the witness is testifying under oath, but outside of court. In trial testimony, the witness is testifying in front of a judge and jury.
What is the purpose of a deposition?
The purpose of a deposition is to allow the attorney to ask questions of the witness outside of court. This is beneficial because it allows the attorney to gauge the witness’s credibility and to prepare for cross-examination.
