Simple Techniques for Defending Yourself Successfully in an Expert Witness Deposition

Simple Techniques for Defending Yourself Successfully in an Expert Witness Deposition

The simplest answer in a deposition is usually best. "Yes." Or "No" is excellent, if the question reasonably allows you to answer that way. Make the opposing attorney work to get data from you. For example, suppose you spent six hours on site running 22 tests that resulted in five new findings, and one final opinion. If the attorney during a deposition says something like "so you ran tests that day," do not just jump in there and spend the next hour describing the tests and the results. That was not even a question; no answer is needed. A pause at this moment will probably force the attorney to say something like "isn't that right"? That is a question and your answer to that should be "yes" and nothing else.

The next question may be: "So, what tests did you run?" Now you can tell them about the tests, but not necessarily about the results. Wait for another question about results. Listen carefully to every question and only respond with what is required to answer that particular question.

TACTIC: The simplest answer in a deposition is usually best. "Yes" Or "No" is excellent, whenever possible.

We've now covered how you should dress; be professional.

Get to the deposition office early and choose a seat, if possible, that puts your back to any large windows. Let the people on the opposing side of the table have the glare in their eyes during the day. If you get there too late, don't hesitate to ask if anybody minds if you sit on that side of the table. It will be distracting and fatiguing if you have to look into the sun during a deposition.

During breaks, be polite, but don't socialize. If you discuss the case with your attorney during a break, the content of that conversation is discoverable and the deposing attorney will ask you about it after the break.

Keep your eyes primarily on the questioning attorney, and do not glance at your attorney before you answer questions. That suggests that you will be shaky at trial as well, and may not be able to stand up to tough questions without looking to the aid of your own counsel. However, even though you focus primarily on the questioning lawyer, your peripheral vision can still take in other forms of information. Keep your mind and your eyes wide open.

If you must refer to a document in your case file, use its Bates-stamp number, along with any title the document may have. occasionally the same or similar documents are entered into evidence and identifying pages by their unique Bates numbers ensures certainty about which item you are testifying.

Attorneys are great at identifying your use of words like "always" and "never." Remember, few things are always or never true, so do not use those words in your descriptive responses. Attorneys are also wonderful at catching suggestive phrases, like "to tell the truth" or "honestly." And jurors will probably question the honesty or truthfulness of your answers that begin with phrases like those.

At the end of any testimony, whether in a deposition or in trial, you want to leave the deposition room or the witness box in the same confident manner that you entered it. Even if you feel battered, embarrassed, dismayed, frustrated or angry, you do not want to give that away to anybody - not the other attorneys, not the jurors. Keep in mind that everything, even down to the way you walk out of the room at the end of the day, tells an observer something important.

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