Deposition questions

[concretejoe]

What is the name of your state?What is the name of your state?KY

Finally, after a year since my ex-boss recieved my lawyers letter informing him of my and my co-workers intent to sue for overtime, we are going to have the first set of depositions next month. All together there are five peolpe that need to be deposed. Two plaintiffs and three for the defendant. This first set will be me and my immediate supervisor. This is fitting because he is their "big gun" and they believe I am the "ringleader". The plan is for my attorney to depose the defendant first, and then when he is finished they get their shot at me. Everyone elses depositions have yet to be scheduled.

So, I am a little bit nervous and was wondering what exactly can go on there? Is it a no holds barred type of interigation or are there certain rules that they have to follow? While they are asking me questions am I allowed to consult with my attorney if I'm not sure how to answer any of them? Does a dress code apply, do I have to drag my suit out of storage or can I wear my work clothes as I will probably be leaving from there to work? Any advice would be appreciated as I've never been involved with anything like this before.

 

[seniorjudge]

Q: Is it a no holds barred type of interigation or are there certain rules that they have to follow?

A: No holds barred. If the other lawyer asks you a question that your lawyer thinks would not be allowed to asked in court, your lawyer will object and the objection will be noted but you still have to answer.


Q: While they are asking me questions am I allowed to consult with my attorney if I'm not sure how to answer any of them?

A: Yes.


Q: Does a dress code apply, do I have to drag my suit out of storage or can I wear my work clothes as I will probably be leaving from there to work?

A: I have never heard of such a thing in a deposition. It will probably be at a lawyer's office and I doubt that anyone will take much note of your apparel...unless this a fashion designer lawsuit or something like that.

 

[codered911]

You will be taken more seriously if you dress professionally. My 2 cents

 

[stephenk]

"Is it a no holds barred type of interigation or are there certain rules that they have to follow?

A: No holds barred. If the other lawyer asks you a question that your lawyer thinks would not be allowed to asked in court, your lawyer will object and the objection will be noted but you still have to answer."

If your attorney instructs you to not answer a question, listen to your attorney. Some objections go toward how a question is asked and your attorney will tell you to answer anyway after he/she objects. Some questions ask for priviliged information that your attorney will tell you not to reveal.

in any event, you should be asking your attorney what to expect at the deposition.

 

[Kim & Kodak]

Been there, done that

In reference to your deposition...

They can ask you any questions that they wish but as other members have told you, your attorney will keep (or should) keep them honest. Here's your BIGGEST TIP.....

Take a few seconds to consider your answer and know what you are saying. Period. If you do not understand the question, ask them to repeat it or consult with your attorney. They're purpose is to trip you up with questions that sound similar but are different in an effort to cause you to contradict yourself. Never, never lie or reverse your answer.

I have suffered through 7.5 hours of depositions and I promise you, there are moments when it can be confusing.

My favorite answers to their questions are -
A. Is that an assumtion on your part?

B. Would you repeat the question please?

C. I don't recall it that way or that's as best as I can recall at this time

D. Can I go to the bathroom before I answer that?