What Should You Not Say During a Deposition

What Should You Not Say During a Deposition?

A deposition is a process where a witness provides sworn testimony under oath outside of the courtroom. It is a crucial phase in the discovery process of a lawsuit, where attorneys from both sides have the opportunity to question witnesses and gather information. However, it is essential to be cautious about what you say during a deposition, as any statements made can have a significant impact on the case. Here are some key points to remember about what you should not say during a deposition.

1. Do not volunteer unnecessary information: It is crucial to answer the questions truthfully, but avoid offering more information than what is asked. Providing additional details may lead to unintended consequences and may provide the opposing side with ammunition to use against you.

2. Do not guess or speculate: If you are unsure about something, it is better to admit that you do not know rather than making guesses. Speculating can be detrimental as it may lead to inconsistencies in your testimony, undermining your credibility.

3. Do not argue with the opposing attorney: During a deposition, the opposing attorney may try to provoke you or challenge your statements. It is essential to remain calm, composed, and avoid engaging in arguments. Remember, the purpose of a deposition is to gather information, not to win an argument.

4. Do not make jokes or sarcastic comments: A deposition is a serious legal proceeding, and making jokes or sarcastic remarks can be seen as disrespectful and unprofessional. It is best to maintain a professional demeanor throughout the process.

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5. Do not discuss privileged or confidential information: If an attorney asks you about privileged or confidential information, such as attorney-client communications, be careful not to disclose any such details. Consult with your attorney before providing any privileged information during a deposition.

6. Do not ignore the instructions of your attorney: Your attorney is there to guide you through the deposition process and protect your interests. It is important to listen to their advice carefully and follow their instructions during the deposition. Ignoring your attorney’s advice may have severe consequences for your case.

7. Do not discuss settlement negotiations: During a deposition, it is important to focus on providing truthful and accurate information. Avoid discussing any settlement negotiations or offers made either party, as it may compromise your bargaining position and weaken your case.


1. Can I refuse to answer a question during a deposition?
Yes, there are limited circumstances where you may refuse to answer a question during a deposition, such as if it violates attorney-client privilege or if it seeks irrelevant and private information. However, it is generally advisable to consult with your attorney before refusing to answer a question.

2. Can my statements during a deposition be used against me in court?
Yes, the statements made during a deposition can be used against you in court. Deposition testimony is admissible as evidence, and the opposing party can use it to challenge your credibility or present contradictory statements.

3. Can I correct a mistake I made during a deposition?
If you realize that you made a mistake or provided inaccurate information during a deposition, it is important to inform your attorney. They can discuss the appropriate steps to rectify the situation, such as filing an errata sheet or seeking to amend the deposition transcript.

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4. Can I take breaks during a deposition?
Yes, you have the right to take breaks during a deposition. If you need a break to confer with your attorney or to gather your thoughts, you can request a recess. However, you should not abuse this privilege, as it may be seen as an attempt to delay or obstruct the deposition process.

5. Can I review documents before answering questions during a deposition?
In most cases, you have the right to review relevant documents before answering questions during a deposition. Your attorney can provide you with the necessary documents in advance, allowing you to refresh your memory and provide accurate answers.

6. Can I object to a question during a deposition?
Yes, you can object to a question during a deposition if it is improper or violates the rules of evidence. However, it is generally best to consult with your attorney before raising objections to ensure that they are appropriate.

7. Can I prepare for a deposition?
Yes, it is highly recommended to prepare for a deposition with the assistance of your attorney. They can help you understand the process, anticipate potential questions, and provide guidance on how to provide truthful and accurate answers while protecting your interests.

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