Called as a witness for the defendent. I have a deposition next week. Am I allowed to bring anyone with me?
I am being called as a witness in a sexual harrassment/civil rights case. The defendent is calling me in for a deposition. What should I expect and am I allowed to bring anyone in with me to the depo (ie: spouse). Do I recieve a copy of my testimony?
Answers:
The answers above are all around the correct answer, but no one answer hits it exactly.
Deposition practice varies by state. In most states, the only person who can come into the deposition with you is your attorney. Your spouse would not be permitted.
In most states you would receive a copy of your testimony, because, in most states, you are required to review it for accuracy and then sign the transcript, reaffirming that anything you said is truthful. This allows allows you one last chance to correct any mistake you may have made - from time to time witnesses simply misspeak or subsequently learn that they were wrong. These errors can be corrected - again, if your state's practice permits it..
No, you don't get to bring anyone with you unless you want your lawyer present.
You will be asked questions by the defendant's attorney. The plaintiff's attorney may be their as well. In addition, both the defendant and the plaintiff may be present.
A court stenographer will take down the entire deposition. Answer truthfully. I don't believe you will receive a copy of your testimony.
You can bring an attorney to represent you.
You may be able to bring your spouse, but your spouse would not be allowed to participate or intervene (unless your spouse was also an attorney).
You probably would not automatically receive a copy of your testimony, though you could ask either party for a copy. You may need to pay copying costs.
You can bring your spouse with you if it makes you feel more comfortable. You can request a copy of the transcript if you want it. See if you can get an attorney to agree to e-mail you a copy of it, instead of paying for one. Did you receive a deposition notice? That will include the information that the attorney will seek to obtain. They will ask about your background, knowledge and anything you've seen relative to the case. It's just a series of questions and nothing to be nervous about. Everyone is generally nice.
A spouse isn't necessary, but if you think they might ask you something that's inappropriate or it's work-related, you should probably bring a lawyer. If it's related to a workplace dispute and you still work for that same business, ask them to provide a lawyer for you.
If you're just a witness, you really don't have anything to worry about -- just be honest and don't be afraid to ask questions ("what does that mean" or "I don't understand, please explain that" are just fine). Just relax.
A deposition is supposed to be a low-key and relaxed and informal way of getting information (as opposed to asking you on the stand in court), but you are still required to tell the truth. Also, if the case goes to trial and you are called to testify as a witness there, you will likely be repeating the same thing, so tell the truth. It's easier to remember.
Yes, you will get a copy of the transcript -- they will send you one, usually about a week after the deposition, and you will get instructions to read it and make any changes and return it. They can probably also give you a copy to keep if you want one.
ALL YOU CAN BRING IS YOUR ATTORNEY. THAT WAY HE CAN OBJECT TO THE SCOPE OF QUESTIONING. ALL THAT WILL HAPPEN IS THAT YOU WILL BE ASKED A SERIES OF PERTINENT QUESTION BY DEFENDANTS ATTORNEY. IF YOU DON'T WANT TO ANSWER A QUESTION THE BEST DEFENSE IS " I DON'T REMEMBER "
IN NO WAY IS THE DEPOSITION GOING TO BE LOW KEY. I WORKED WITH ATTORNEYS AND HAVE WITNESSED HUGE ARGUMENTS AT DEPOSITIONS. THEY TRY TO GET YOU TO SAY WHAT THEY WANT. IF THIS GOES TO A TRIAL THEN YOUR DEPOSITION WILL BE USED AT THE TRIAL ALONG WITH YOUR LIVE TESTIMONY. IF AT THAT TIME THE TWO DON'T COINCIDE THEN THEY WILL USE THE DEPOSITION AGAINST YOU. WATCH WHAT YOU SAY. YOUR BEST BET IS TO HAVE AN ATTORNEY REPRESENT TO YOU AT THE DEPO.
You will not receive a copy of the transcript, but both attorneys should. You can ask the attorney for a copy. The attorneys will take turns asking you questions about the incidents that led up to the case. Just answer them honestly and if you do not know or do not recall, say so.
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