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What can I say or not say at a deposition?

Kissimmee, FL |
Filed under: Discovery

I have an ongoing case against my dad for sexual molestation when I was a minor (5 years ago) and child neglect for my mom for knowing and not saying anything. I have a deposition for tomorrow. I need to know what can I do and say. Also what can the ir lawyer not ask me at the deposition. Also he has subpoenaed my husband to a deposition also. My husband and I have been married for 1 year, so why can their lawyer get a deposition for him, and what can he ask him.

Attorney Answers 2


These are just some basic quidelines. You need to coordinate your preparation closely with an attorney.

You should carefully review the Complaint, the Answer, and any expert disclosures. This will help you fully understand the theories of the case before your deposition. Remember, things in the Complaint and responses in an Answer are fair game and you should be fully acquainted with these pleadings.


Have your lawyer do sample questions with you for practice preparations before the real thing. The more prepared you are, the more comfortable and successful you will be during the deposition.

Never Draw a Picture

Never make a drawing. Your drawing will not be to scale and will be used later to try to discredit you at trial. Depositions are for oral discovery and are not a place to test your drawing skills.

Never Make a Best Guess

You should never volunteer any information, or guess about any answer. While depositions provide the other side with an opportunity to evaluate you, they also provide fertile ground for boxing you into a story that hurts your position. Volunteering information or guessing about an answer can prove to be damaging to your chances later in the case.

Ask Questions During the Deposition

You must be comfortable about asking a question during the deposition. If you do not understand a question, ask until you do.

Do Not Argue With the Lawyer

Opposing counsel may try to provoke you. If you get angry, you open yourself up to making a mistake in your testimony. And if the lawyer sees he can get you angry while in a deposition, he will try it again with you on the witness stand at trial.

Take A Break

So long as no question is pending, it is absolutely appropriate to ask to take a short break. You may even consider having your lawyer time for you a break in the deposition after a short period to get yourself to a comfort spot mentally. In summary, you should feel comfortable to take a break when you need one.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you. God bless. Best of luck to you.

If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

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Your question is very naive and you're asking this way too late, and I really hope you have a lawyer, because the defense lawyer will definitely try to make you uncomfortable by asking lot sof very personal and invasive questions, and you need a lawyer to object.

You need to tell the truth. Start every answer with the question. What's our name? My name is... What happened on Feb. 7? On Feb 7... Stop answering when you've answered the question, and don't off track, if the lawyer wants to follow up, they'll follow up.

Get a guide like the one linked below.

The defense lawyer can subpoena anybody they think has helpful information, and your husband will know about your history because you've told him, and he'll know about your sex life, because he's part of it. You will want to get a lawyer to object to improper invasive questions.

I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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