![\"Tricks](\"https:\/\/awajis.com\/us\/wp-content\/uploads\/2022\/11\/Tricks-Lawyers-Use-in-Deposition-2-e1668612612178.png\")
<\/p>\nThere are a lot of tricks that lawyers use in depositions. Defending a deposition is important because it requires you to protect your client’s testimony and your client’s case.<\/p>\n
Depositions are high-stakes interviews where lawyers test witnesses, gather evidence, and create a record. This post explains common tactics lawyers use in depositions, why they use them, and practical, courtroom-ready ways witnesses and their counsel can respond. Perfect for witnesses, paralegals, and lawyers wanting a refresher.<\/p>\n
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The most common tricks attorneys employ during a deposition include objections, making references to items outside the purview of discovery, talking about privileged information, bringing up the past, discussing a situation, requesting a break, requesting additional information, or refusing to answer a question.<\/p>\n
So in this post, we cover 25 tips and tricks Lawyers use in depositions to their advantage. Continue reading!<\/p>\n
Out-of-court, sworn testimony provided by a witness in a lawsuit is called a deposition. Witnesses will be sworn in just as if they were in a courtroom. Through depositions, a party can know what a witness would say in court ahead of time.<\/p>\n
A deposition is not a casual conversation \u2014 it\u2019s a formal, recorded proceeding that can shape the outcome of a case. Lawyers use a range of techniques to (1) lock in testimony, (2) find inconsistencies to impeach witnesses later, and (3) elicit admissions or admissions by implication. Knowing the common tactics and responses reduces surprises and prevents small mistakes from becoming major problems.<\/p>\n
Objections are just delays. The witness must give himself some time to hear the question, think about what it might mean, glance up at his interrogator, and then ask, “What did he say?”<\/p>\n
He must then wait for the word “objection,” followed by the justification for the objection, which takes time. The best objections are those raised later. Objections are some of the tricks lawyers use in depositions to their advantage, and they come in different forms.<\/p>\n
The word “Immaterial!” is inadmissible, but if you use it correctly, you can get away with it. If the opposing attorney is not in a pleasant mood, you won’t get a response from him.<\/p>\n
For the record, the term “immaterial” refers to something that is not significant or has no influence on the case’s concerns. Only questions that are pertinent to the witness’s testimony should be allowed to be asked.<\/p>\n
“Do you have any documentation that shows your time records for the period in question?” generally asks the difficult questioner who has been playing cat and mouse with the witness. He exclaims, “Yes!” and pulls out his pocket-sized datebook containing actual entries.<\/p>\n
Unless the magic words “That question calls for a legal conclusion” are followed by “I direct you not to answer until I consult with counsel,” an answer constitutes an admission. The attorney can then choose whether or not to respond.<\/p>\n
“I instruct the witness not to respond!” When opposing counsel objects, you can inquire if he is objecting based on form or substance.<\/p>\n
If you’re confident it’s newly formed, answer the question if one of your objections is sustained. Unless there is another reason why you cannot. They have to rephrase it if you object based on form. You now have two nibbles at the apple.<\/p>\n
“I oppose it because I haven’t had time to prepare!” This is typical when documents are submitted for inspection, and there is no time to review them before the deposition.<\/p>\n
When you hear this, you can usually ask about specific documents or groupings of documents, such as all those labeled “evidence 10A,” and so on.<\/p>\n
“I object because I’m going to request a continuance. If they request a continuance, they must provide a valid reason why they weren’t granted one before the deposition.<\/p>\n
If they were off having fun while you were working on your brief, that might leave them toast and will likely result in legal fees they will have to pay. This is one of the most used Tricks Lawyers use in a deposition.<\/p>\n
I move for a Directed Verdict, please. This is only acceptable when you are entitled to something based on the facts or pleadings, and they have asked for it informally, but you are entitled to it as well.<\/p>\n
Use it only after thoroughly examining your situation and determining whether it will be helpful. Then act quickly so that opposing counsel doesn’t have a chance to guess what you’re planning.<\/p>\n
There are situations when lawyers who are concerned about losing a case may draft it for you. Turn around and say, “I object,” if they do.<\/p>\n
“I request a recess.” You can grant or decline this request as you see fit. Some lawyers will grant it automatically, while others will refuse unless there is a compelling justification.<\/p>\n
It’s often a luxury to be the only one working on your case because you can easily go into another room to finish papers or seek authorities while they’re out playing or planning against you.<\/p>\n
You don’t have to explain why, but if you do (for example, “because I have a dentist appointment”), you’ve let them in.<\/p>\n
You’ll have to keep explaining your arguments till hell freezes over. If they’re preparing something and there’s time before lunch or quitting time, ask them to get their documents in order to continue if you need to go into another room.<\/p>\n
This is the right way to raise objections: “I motion for a mistrial.”<\/p>\n
Another method is to read them partially rather than completely. To do this, choose the crucial phrase that ties everything together, and read it on its own without considering the sentences that follow before or after it.<\/p>\n
On this issue, the opponent cannot know what was said earlier or later. When it comes to papers, the deponent should ask for permission to read them into the record. It may sound snarky, but it’s not; think of it as reading lengthy passages that are really useful to you.<\/p>\n
In order to prevent his client from incriminating himself, the witness should object to the question if it requires information that is confidential and\/or ask the court for an order (out of earshot of the opposing counsel).<\/p>\n
If a question requires privileged information and the witness’s lawyer wants to assert the privilege, he should object to the question on that ground or ask for a protective order away from the witness’s opponent’s counsel.<\/p>\n
Be wary if the opposing side asks you when you last did anything. The query is a well-known “gotcha.”<\/p>\n
If the “last time” was a while ago, your answer might pave the way for additional inquiries regarding more recent incidents. It makes sense to claim privilege if the most recent instance was more recent than you would want.<\/p>\n
On the other hand, if you are not claiming privilege, keep your response brief and only mention the most recent instance of your behavior. For instance, “Ms. Gray, isn’t it true that you considered changing the test results after Mr. White\u00a0complained about them?”<\/p>\n
Be wary if the opposing side inquires about “the first time” you performed an action. The query is yet another typical “gotcha.”Your answer might trigger a sequence of inquiries regarding more recent events if the “first time” was a long time ago. It makes sense to claim privilege if the first instance was more recent than you would have liked.<\/p>\n
On the other hand, if you are not claiming privilege, keep your testimony to the first instance of your actions and limit the scope of your response. For instance, “Mr. George, isn’t it true that you spoke with Mr. Gary regarding Ms. Doe’s claims of sexual harassment?”<\/p>\n
Example:<\/strong> \u201cYou signed the contract on March 1, didn\u2019t you?\u201d Example:<\/strong> Asking the same question multiple ways to wear the witness down. Example:<\/strong> Interrupting, raising voice, or asking rapid-fire questions. Example:<\/strong> \u201cDid you sign the form and send an email confirming it?\u201d Example:<\/strong> \u201cWas that harassment?\u201d Example:<\/strong> \u201cIn your deposition last month, you said X,\u201d when you did not. Example:<\/strong> \u201cIf you\u2019d known about X, would you have done Y?\u201d Example:<\/strong> Producing large stacks of documents at the start and asking the witness to comment. Example:<\/strong> Asking broad questions, hoping the witness will volunteer damaging details. Example:<\/strong> Lawyer pauses after an answer, hoping the witness will fill the silence. Example:<\/strong> Counsel objects and then instructs the witness to change their answer. Example:<\/strong> Using a high\/low figure early to make other numbers seem reasonable. Read:\u00a0How Long Can a Divorce be put on hold<\/a><\/strong><\/p>\n Your lawyer should be present for any deposition you are compelled to participate in as your legal representative. This is done to safeguard your interests because the other legal team might ask questions in an awkward or unsuitable manner, leading you to provide the wrong response.<\/p>\n You should adhere to the following basic and general rules while taking depositions:<\/p>\n Pause before answering; collect your thoughts.<\/p>\n<\/li>\n Answer only the question asked; don\u2019t volunteer extra information.<\/p>\n<\/li>\n Say \u201cI don\u2019t know\u201d or \u201cI don\u2019t recall\u201d if truthful.<\/p>\n<\/li>\n Ask for clarification when a question is ambiguous.<\/p>\n<\/li>\n Tell the truth; inconsistencies are weaponized later.<\/p>\n<\/li>\n Tell your attorney if you think something needs correction.<\/p>\n<\/li>\n Maintain a calm, professional demeanor \u2014 tone matters in perception.<\/p>\n<\/li>\n<\/ul>\n Guess or speculate.<\/p>\n<\/li>\n Answer compound questions with a single \u201cyes\u201d unless both parts are true.<\/p>\n<\/li>\n Argue with opposing counsel \u2014 stay neutral.<\/p>\n<\/li>\n Try to be funny, dramatic, or evasive.<\/p>\n<\/li>\n Forget to say you don\u2019t understand a question if you don\u2019t.<\/p>\n<\/li>\n Allow yourself to be rushed into a response.<\/p>\n<\/li>\n<\/ul>\n Conduct at least one mock deposition with rapid-fire and hostile questioning to desensitize the witness.<\/p>\n<\/li>\n Review all relevant documents and timeline with the witness; mark exhibits clearly.<\/p>\n<\/li>\n Practice concise answers (one- or two-sentence responses).<\/p>\n<\/li>\n Explain common tactics and the witness\u2019s likely reactions.<\/p>\n<\/li>\n Review privilege rules and how to respond to questions that seek privileged communications (e.g., \u201cI decline to answer on advice of counsel\u201d).<\/p>\n<\/li>\n Discuss how to handle speaking objections or instructions from opposing counsel.<\/p>\n<\/li>\n Prepare the witness to say \u201cI don\u2019t know\u201d rather than guessing.<\/p>\n<\/li>\n<\/ul>\n Trick question:<\/strong> \u201cSo you weren\u2019t present at the meeting on March 5, correct?\u201d Compound question:<\/strong> \u201cDid you sign the memo and send it to Ms. Jones?\u201d Hypothetical:<\/strong> \u201cIf you had received that email, would you have forwarded it?\u201d Leading:<\/strong> Suggests the answer. (Common on cross-examination.)<\/p>\n<\/li>\n Compound:<\/strong> Multiple questions in one.<\/p>\n<\/li>\n Calls for speculation:<\/strong> Asks the witness to guess.<\/p>\n<\/li>\n Calls for hearsay:<\/strong> Asks about out-of-court statements as truth.<\/p>\n<\/li>\n Vague\/ambiguous:<\/strong> Question is unclear. Repeated misstatements of your prior testimony.<\/p>\n<\/li>\n Counsel coaching the witness (speaking instructions).<\/p>\n<\/li>\n Excessive document dumping without allowing reasonable review.<\/p>\n<\/li>\n Intimidation tactics that cross into harassment. Q: Am I allowed to review documents during a deposition?<\/strong> Q: Can I take a break?<\/strong> Q: What if I realize later that I made a mistake in my deposition?<\/strong> Depositions reward control and punish speculation. Opposing counsel will try many tactics; your best defense is consistent preparation, concise answers, and a calm demeanor. Lawyers can pressure or distract, but they cannot change facts \u2014 a clear, honest, and steady record will serve you best.<\/p>\n Motorcycle No Chase Law States\u00a0<\/strong><\/a><\/p>\n Commercial Loan Truerate Services<\/a><\/strong><\/p>\n Top 22 Risks of Hiring a Private Investigator<\/a><\/strong><\/p>\n
Goal:<\/strong> Get the witness to confirm an assumption without proving it.
How to handle:<\/strong> Pause, correct the assumption if false (\u201cI did not sign on March 1\u201d), or answer only what you know (\u201cI don\u2019t recall the exact date; I\u2019d need to see the contract to be sure\u201d).<\/p>\n15. Repetition \/ piling on<\/h4>\n
Goal:<\/strong> Create inconsistency or catch a slip.
How to handle:<\/strong> Give consistent answers; if the question is repeated, politely restate your prior answer. Don\u2019t change your answer out of irritation.<\/p>\n16. The \u201cbadgering\u201d or hostile approach<\/h4>\n
Goal:<\/strong> Rattle the witness into a mistake or admission.
How to handle:<\/strong> Keep calm, speak slowly, and ask for the question to be repeated if needed. Use short, neutral answers.<\/p>\n17. Compound or multi-part questions<\/h4>\n
Goal:<\/strong> Trap the witness into an accidental \u201cyes\u201d when one part is false.
How to handle:<\/strong> Break the question down: answer each part separately (\u201cI signed the form. I did not send that email.\u201d).<\/p>\n18. Asking for legal conclusions<\/h4>\n
Goal:<\/strong> Push the witness to make a legal judgment that may be used against them.
How to handle:<\/strong> Stick to facts and perceptions: \u201cI felt uncomfortable\u201d or \u201cHe said X.\u201d Leave legal conclusions to attorneys or the court.<\/p>\n19. Mischaracterizing prior testimony or documents<\/h4>\n
Goal:<\/strong> Force a contradiction to impeach credibility.
How to handle:<\/strong> Respectfully correct the record: \u201cI don\u2019t recall saying that. Could you point me to the page?\u201d Ask to review the transcript or exhibit.<\/p>\n20. Hypothetical questions designed to trap<\/h4>\n
Goal:<\/strong> Lead the witness into speculation or admissions.
How to handle:<\/strong> Avoid speculation. Preface answers with \u201cI can\u2019t say\u201d or \u201cI don\u2019t know\u201d when asked to imagine facts that didn\u2019t occur.<\/p>\n21. Document dumps and surprise exhibits<\/h4>\n
Goal:<\/strong> Overwhelm the witness and elicit inconsistent or careless answers.
How to handle:<\/strong> Ask for time to review documents (if reasonable) and answer only about documents you\u2019ve actually reviewed.<\/p>\n22. \u201cFishing\u201d for new facts or impeachment material<\/h4>\n
Goal:<\/strong> Discover unanticipated statements to use later.
How to handle:<\/strong> Be concise; don\u2019t volunteer extraneous information. Answer only what is asked.<\/p>\n23. Strategic pauses and silence<\/h4>\n
Goal:<\/strong> Get the witness to add more than necessary.
How to handle:<\/strong> Don\u2019t fill the silence. Stop when you\u2019re done answering. Short answers are safer.<\/p>\n24. Speaking objections and coaching<\/h4>\n
Goal:<\/strong> Influence the record or confuse the witness.
How to handle:<\/strong> If you\u2019re represented, follow your attorney\u2019s instructions. If unrepresented, state your intention to answer or to consult counsel and do not be coached by opposing counsel.<\/p>\n25. Anchoring and framing<\/h4>\n
Goal:<\/strong> Influence perceptions about damages, timelines, or responsibility.
How to handle:<\/strong> Don\u2019t accept figures you haven\u2019t verified; ask for the basis of the number before agreeing.<\/p>\nHow to Prepare\u00a0 for a Deposition as\u00a0 a Witness<\/h2>\n
![\"Photo](\"https:\/\/awajis.com\/us\/wp-content\/uploads\/2022\/11\/how-to-prepare-for-desposition-as-a-witness.png\")
<\/p>\nTop Tips for a\u00a0 Successful\u00a0 Deposition<\/h4>\n
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Practical do\u2019s and don\u2019ts for deponents<\/h2>\n
Do:<\/h3>\n
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Don\u2019t:<\/h3>\n
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How attorneys prepare witnesses<\/h2>\n
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Sample Q&A: common trick + model response<\/h2>\n
Trap:<\/strong> It assumes a negative and invites a simple \u201ccorrect\/incorrect.\u201d
Good response:<\/strong> \u201cI was not present for the entire meeting. I arrived about halfway through.\u201d
(If factually true, be precise rather than conceding the lawyer\u2019s phrasing.)<\/em><\/p>\n
Good response:<\/strong> \u201cI signed the memo on April 2. I did not send it to Ms. Jones.\u201d
(Separates the elements and prevents accidental admission.)<\/em><\/p>\n
Good response:<\/strong> \u201cI can\u2019t answer hypotheticals about something I didn\u2019t receive. I can explain what I normally do with that type of email.\u201d
(Refuses speculation, but offers contextual practice if helpful.)<\/em><\/p>\nCommon objections you may hear<\/h2>\n
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When an objection is made, the witness should not speculate; wait for instruction. If your attorney says \u201canswer,\u201d answer precisely; if told not to, remain silent.<\/p>\n<\/li>\n<\/ul>\nRed flags that suggest counsel is fishing or acting improperly<\/h2>\n
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If these occur, notify your attorney immediately; your attorney may raise formal objections or seek protective relief.<\/p>\n<\/li>\n<\/ul>\nFAQs<\/h2>\n
A: Yes \u2014 you may review exhibits that are shown to you. If there are many documents, request reasonable time to review before answering.<\/p>\n
A: Yes. Depositions can be long; reasonable breaks are normal. If opposing counsel refuses, your attorney can request a break or protection from the court.<\/p>\n
A: Inform your attorney. You may be able to correct the record by errata to the transcript or in later testimony, but material changes can raise credibility issues, so be transparent and prompt.<\/p>\nFinal thoughts \u2014 control, clarity, credibility<\/h2>\n
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