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Guidelines For Witnesses During Deposition or Trial

This document provides 29 guidelines for witnesses testifying during a deposition or trial. The guidelines instruct witnesses to listen carefully to questions, think before answering and only provide information within their personal knowledge. Witnesses are advised not to speculate, guess or feel rushed. They should remain calm and polite, ask for clarification if needed, and answer all questions truthfully.

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rich chast
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52 views2 pages

Guidelines For Witnesses During Deposition or Trial

This document provides 29 guidelines for witnesses testifying during a deposition or trial. The guidelines instruct witnesses to listen carefully to questions, think before answering and only provide information within their personal knowledge. Witnesses are advised not to speculate, guess or feel rushed. They should remain calm and polite, ask for clarification if needed, and answer all questions truthfully.

Uploaded by

rich chast
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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GUIDELINES FOR WITNESSES DURING DEPOSITION OR TRIAL

1. Listen to the question. If you didn=t hear it, ask that it be repeated.

2. Understand exactly what the question is. If you don=t understand, ask that the question be

rephrased.

3. Think about the question. Pause before you answer.

4. Answer only the question and answer concisely - don=t volunteer. Your role is to answer

only the question asked, not to volunteer what you think the examiner wants to know.

5. Don=t guess or speculate. If you do not know the answer, the only truthful answer is "I do

not know."

6. Answer only as to facts of which you have personal knowledge, unless asked for

information given to you by other persons.

7. If necessary, qualify your answer ("I am not totally certain.")

8. Ask for documents, if it would make testimony more accurate.

9. Read carefully all documents given to you. Take your time.

10. Do not get angry. Some lawyers try to cause you to lose your temper in the hope that you

will not think clearly and will make incorrect statements.

11. Do not feel you need to memorize any facts.

12. Do not take any notes or documents to the deposition. Anything you take may be subject

to discovery.

13. Set your own pace - don=t let the speed of the examiner=s questions dictate the speed of

your answers.

14. Listen to objections - they may tell you why the question is tricky.

15. Make each question and answer stand alone. If read out of context at trial, it should

convey accurately your intended testimony.

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16. Do not testify as to what you assume occurred - only what you know occurred.

17. Do not be reluctant to admit that you have discussed your deposition with a lawyer - there

is nothing improper about that.

18. Don=t try to hide embarrassing facts. If asked if were you fired, and you were, answer yes.

19. A document says what it says - not what the examiner says that it says.

20. Do not discuss the facts of your anticipated testimony with anyone else; it may create

confusion as to what you know and what you have been told, and the discussions may be

discoverable.

21. Answer audibly, and not with nods or shakes of your head.

22. Straighten out confusion.

23. Give accurate estimates (time, speed, distance).

24. Clarify multiple meanings. Beware of a question that assumes a fact; watch out for

alternative questions.

25. Don=t be defensive.

26. Be courteous.

27. Avoid wisecracking and joking.

28. Beware of the "have you told me everything" question.

29. Tell the truth.

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