Navigating Depositions in Canada: Defense Strategies (2023)

FAQs

How do you answer tricky deposition questions? ›

Speaking in Absolutes

Using terms like “never” and “always” in your deposition answers may do more harm than good. Answering questions with these terms may make it sound like you are being definitive about various topics.

You do not have to answer all of the questions presented in a deposition, however, you may be compelled to answer if the judge overrules the objection. Questions that you don't need to be answered typically fall into three categories: Private information -- questions about health, sexuality, religious beliefs.

Can I refuse to answer questions at a deposition? In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).

Stay Calm. During your deposition, you will almost certainly get asked questions that will upset you. It is okay to show emotion or even cry if you need to. However, you must be careful not to let your emotions interfere with your ability to answer questions carefully and honestly.

Defense lawyers typically advocate that the plaintiff should be deposed first because the plaintiff has the burden of proof. Plaintiffs' counsel contrarily usually contend that whoever asks for the deposition first should get to take the first opposing party deposition.

You know your deposition is going well if you are answering questions to the best of your ability according to the advice of counsel. Your lawyers are there to protect your interests and object to questions you should not answer.

"I don't recall" is often the most truthful answer if you're not sure. Then if the document shows up, it may refresh your memory, but it doesn't contradict your sworn testimony. On the other hand, if something is fundamental and wrong, you would never have done or said that. Don't hide the truth behind memory.

What questions Cannot be asked at a deposition? ›

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

They can ask anything they want, including lots of embarrassing and personal stuff. At trial, they can point out differences between what you said at the deposition and what you say at trial, so don't say anything unless you are sure about it.

Usually the person who requested the deposition will ask questions first. The attorney who represents the person being deposed might ask follow-up questions only to clear up any misunderstandings that may have come up during the initial questioning.

Good ways to say anything but "No Comment" to questions you really don't want to answer: "I'm sorry but I'm not able to speak to that subject" "Thanks for asking but I'm not able to answer that question"

A deposition is the pre-trial taking of sworn testimony outside of the courtroom about the facts related to a case. This is an opportunity for both parties to meet and ask questions of the opposing side, obtaining answers and statements relevant to the case.

The two most common oversights a surveyor makes when preparing for a hearing are: Not reviewing the case documents thoroughly • Having too little communication with the CMS lawyer.

The general rule is that if you plead the Fifth in discovery, you cannot change your answer later and waive your Fifth Amendment privilege at trial. So, if you plead the Fifth in discovery, whether in writing or in a deposition, you may be stuck with your answer, even if you didn't do anything wrong.

In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, except that there is no judge presiding during a deposition.

Absolutely. The fact that you feel nervous about your deposition is a good thing. This part of the case is important and being nervous or concerned shows that you care about how you do. And a successful deposition is simply one where you tell the truth on each answer you give to each question asked.

Is it normal to be nervous at a deposition? ›

Depositions can be used as testimony at trial. For many people, this will be the first time they have answered questions under oath. It is common to be nervous before your deposition.

The oath you will take at the beginning of the deposition is to tell “The Truth, The Whole Truth, and Nothing But The Truth.” Like many things in our normal lives, we tend to blur it all together into one image.

Depositions are used to lay out the basic information in the case, involving questions that are asked by lawyers on both sides. These depositions are usually very long, such as several hours, because the lawyers involved are trying to get as much information as possible about what witnesses know.

After the deposition is taken, the parties involved will review the transcript and may use it to negotiate a settlement. If the parties are unable to reach a settlement, the case will proceed to trial, where the deposition transcript can be used as evidence.

All in all, your legal team and the team of the opposing party may reach a settlement several weeks or months after deposition. However, deposition can also sometimes lead to a lawsuit; it all depends on the specifics of your case.

You should meet with your injury lawyer well before the deposition for preparation. Depending on the complexity of your case, the preparation can take anywhere from an hour or two to multiple hours or even days.

Even though a deposition is sworn testimony and can be utilized in court, a witness or deponent does not need to worry if they make a mistake in his or her testimony.

To swear in a witness, who is called a deponent in a deposition, you would ask the deponent to raise his or her right hand and then ask, Do you solemnly swear or affirm that the testimony you are about to give is the truth and nothing but the truth?

Objections to questions during an oral deposition are limited to “Objection, leading” and “Objection, form.” . . . These objections are waived if not stated as phrased during the oral deposition. All other objections need not be made or recorded during the deposition to be later raised in court.

How many attorneys can ask questions at a deposition? ›

This will depend on how many parties there are in the lawsuit. If each of the parties is represented by a different lawyer, each one may be permitted to ask you questions. However, one lawyer must complete his questions before another begins. Question: How long does a deposition take?

Instructions to refuse to answer should occur only in response to questions implicating a privilege or right such as the attorney-client privilege, the spousal/marital privileges, the right to refrain from self-incrimination, and the like.

You should not bring any notes, diaries, or other records to help you state your case during a deposition unless they have been thoroughly reviewed by your attorney. This is because any document you produce may be examined by the opposing counsel, and can potentially be used against you.

Asking open-ended questions.

Avoid using words like “all,” “everything,” “everyone,” and other universal descriptors, and counsel your witness to counter these types of questions with, “I'll answer to the best of my ability.” This will allow you to address the topic during cross for clarification.

Generally speaking, the only time a witness can be instructed not to answer a question is when the response is privileged. If the deponent's counsel instructs the witness not to answer a question, immediately ask the attorney to explain the basis of the instruction and make a record of it.

The testimony would incriminate yourself – Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you. In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

If you are a sworn witness, you cannot decline to answer a question unless you have a valid objection, such as: Answering may incriminate you. Answering may reveal private information, such as your home address, that could endanger you.

Factors influencing the deposition of inhaled particles can be classified into three main areas: (1) the physics of aerosols, (2) the anatomy of the respiratory tract and (3) the airflow patterns in the lung airways.

Deposition occurs when the eroding agent, whether it be gravity, ice, water, waves or wind, runs out of energy and can no longer carry its load of eroded material. The energy available to the erosion agents comes from gravity, or in the case of wind, the Sun.

What are 4 things that cause deposition? ›

Deposition is the laying down of sediment carried by wind, flowing water, the sea or ice. Sediment can be transported as pebbles, sand and mud, or as salts dissolved in water. Salts may later be deposited by organic activity (e.g. as sea shells) or by evaporation.

One example of deposition is the process by which, in sub-freezing air, water vapour changes directly to ice without first becoming a liquid. This is how frost and hoar frost form on the ground or other surfaces. Another example is when frost forms on a leaf.

She gave a videotaped deposition about what she saw that night. His attorneys took depositions from the witnesses.

Deposition is the transition of a substance directly from the gas to the solid state on cooling, without passing through the liquid state. Examples: Camphor, Iodine, Ammonium Chloride, Naphthalene, etc. Q.

The most typical example of deposition would be frost. Frost is the deposition of water vapour from humid air or air containing water vapour on to a solid surface. Solid frost is formed when a surface, for example a leaf, is at a temperature lower than the freezing point of water and the surrounding air is humid.

There are 3 kinds of depositional environments, they are continental, marginal marine, and marine environments. Each environments have certain characteristic which make each of them different than others. And different depositional environment, will have different structure and texture of sediments.

JF: A deposition is an opportunity for parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial. It's part of the discovery process by which parties gather facts and information so they can be better prepared at trial to present their claims and defenses.

Knowing your case may seem obvious advice, but you may not immediately realize how much you need to prepare. Many attorneys spend hours preparing for a deposition that ultimately takes a half hour. While there is no substitute for experience, you can mitigate your inexperience by putting in extra work.

Ipso Facto in a Sentence

Churches are ipso facto in the God business. The law prohibiting marriages between Germans and Jews also lays down that marriages concluded in defiance of this law are ipso facto null and void, even when performed abroad in an attempt to evade its terms.

So what happens if you're in your deposition and you don't know the answer to a question, what happens, what do you do? That's perfectly acceptable and all you should say is “I don't know.” If you don't remember, you say, “I don't remember,” and that's in fact what you should do.

Can you change your answer after a deposition? ›

The simple answer to if you can change your answers on your deposition is, yes, you can change your answers at any time. The biggest issue with a deposition is that you're not getting a list of questions that the other side is going to ask you in advance.

By the way, it is not necessarily abusive for two lawyers to question the deponent. Although tag teaming of lawyers usually isn't allowed in trial, the Discovery Act does not prohibit this in a deposition.