Tips For Surviving The Depositions Miami Attorneys Hear

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.

When you have been subpoenaed to appear at a lawyer's office on a certain date to give information about a pending case, you should prepare carefully. Your lawyer will set up a meeting with you to discuss what will happen and give you some advice. People are disposed under oath even though they are not in court on the witness stand. Everything you say during a deposition can be brought up if the case goes to trial.

Telling the truth as plainly and as simply as you can is very important. This is not the time to embellish the facts or try to impress the lawyers with your assumptions. The opposing side might bring up events that don't flatter or present you in the best light. This may be a sign they know something about you that is going to come out in court.

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.

Giving testimony under oath can be very stressful. It helps if you give the most accurate answers possible in a pleasant and professional manner. Many cases are resolved after depositions when witnesses and litigants give a clear picture what actually happened.




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