How To Survive The Depositions Miami Attorneys Conduct

By Steven Taylor


If you find yourself embroiled in a lawsuit, either as a litigant or a witness, you may not be familiar with the process of gathering information prior to the actual court proceedings. It may surprise you to learn that you have to tell your story to the lawyers prior to ever going to court. In Florida, whether or not a case even goes to trial may be determined during the depositions Miami attorneys conduct.

If you have never been deposed, your attorney will meet with you in advance of the deposition date to explain how the process works and what you can expect. The two of you may go over possible questions, but the lawyer should never coach you or tell you what to say. Preparation is essential if you are going to be a viable witness in the courtroom.

The most important thing you can do is tell the truth. The lawyers for the other side will be verifying your testimony for accuracy and truthfulness. Even if one of the attorneys brings up something that is embarrassing or less than flattering, you should never deny or try to evade a truthful answer to their questions. Your best option is complete honesty.

You also want to be as accurate as possible when you are describing events surrounding the particulars of the case. It is fine to request that a question be repeated or asked a different way. Sometimes witnesses think they have to come up with an answer even when they don't remember. This is not true. If you are unsure or don't know something, that should be your answer.

You need to be careful about giving absolute answers when you are being deposed. You will leave yourself open to contradiction if the case goes to court. Unless you are completely sure of the facts, it is best to give the most truthful answer without stating it in absolute terms. You can destroy your credibility if the opposing legal team finds information to dispute your absolute claim.

Very often pertinent documents are introduced into court cases in order to prove some aspect of the suit. You might be asked to look at certain documents during a deposition and give your testimony as to whether it is your signature on the paperwork. You might also be asked if the document is familiar to you. You should take all the time you need to read through the paperwork closely before you give an answer.

You need to be polite and cooperative during this process. It is important that you leave both sides with a good impression of your ability to recall events accurately and truthfully. Getting angry or defensive can be hurtful to your testimony. Becoming emotional may be inevitable, but you should maintain your composure as much as possible.

Unlike television dramas, there are few surprises in real life court cases. Lawyers already know what witnesses are going to say. It helps when those being deposed under oath respond with truthful answers. A complete set of facts makes the legal process go forward more smoothly.




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