Month: September 2018

So, you’ve received a subpoena to
give a deposition. Depending on whether you’re a party to the case, and what
type of case it is, this can either be a very stressful thought or a slight
inconvenience. Knowing how to prepare can take some of the stress out of it,
though.

One of our court reporters was subpoenaed to give a
deposition in a family member’s medical malpractice case. Here’s how she
prepared and what she would have done differently.

“I had been the
reporter in hundreds of depositions and in the courtroom and thought that
switching to the witness seat would be so easy. In some ways, it was, but it
was eye-opening.

I made sure to get a
good night’s sleep the night before the deposition and to give myself plenty of
time to get to the attorney’s office. The last thing I wanted was extra stress of getting stuck in traffic, and I wanted to
have a few minutes to relax once I arrived. I wore comfortable clothes, so I
wouldn’t be distracted by being uncomfortable.

I made sure to take my
vitamins, and didn’t eat anything for breakfast that might give me any
digestive problems.

Once I was in the
conference room and was sworn in, I had to remind myself to speak slowly so the
court reporter could capture my testimony, and to not interrupt the attorney.
Some attorneys take long pauses during a question, so I had to make sure they
were finished before I started replying.

It’s natural to want
to explain an answer, but sometimes the answer gets lost in the explaining. I
had to remind myself to answer yes or no to a question, and then add any extra
information needed to clarify my answer. Attorneys on both sides appreciate
having the yes or no clearly stated. If either attorney wants more information
after your brief answer, they’ll ask for it.

Taking a breath and
pausing for a moment to repeat the question in my head before answering helped
me to stay on topic.

It was interesting to
be in another role in a deposition and to see what it’s like in the witness
chair.”

Some other tips to help you
prepare for the big day:

• ·        
  Read your subpoena or notice to see if there are
  documents or photos they’ve asked you to bring. Start locating those
  immediately.
• ·        
  If you tend to get cold, bring a light sweater.
  Conference rooms can get cold.
• ·        
  Make sure to pause before answering the
  question, in case another attorney wants to state an objection.
• ·        
  Don’t guess when you answer a question. Only
  testify to what you know for sure.

Remember, the attorneys simply
want to know what you know about the
matters at issue, and don’t expect you to know everything. With a little
preparation, and a few deep breaths, you’ll have nothing to worry about.