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  1. #1
    Join Date
    Oct 2007

    Default What Questions Can I Expect At The Deposition

    I go Monday for a discovery deposition with my attorney and the comp attorneys Monday. my attorney showed me some questions to expect at the meeting monday but now i wish i would have had him to make me a copy. can anyone tell me what types of questions you think they will ask me? Also any more tips i need to know. i meant to ask him today if this is when they will be bringing in the " private investigators reports and so called videos and things." as far as i know the attorneys office has seen nothing yet. don;t they have to show those to my attorney and myself before a hearing?

  2. #2
    Join Date
    Dec 2006

    Default Re: What Questions Can I Expect At The Deposition

    Theresa, here is a previous post re your question about depositions:

    "Theresa, the deposition will taken under oath, and the DA (defense Attorney) will be asking you a LOT of questions about prior injuries, accidents etc that you may have had.

    You will also be questioned about your job duties at the job where you were injured and your alleged injuries, HOW the incident occured, treatment received, symptoms, restrictions, and your activites. The DA probably won't mention the sub-rosa videos or WHAT they "think" they"have" on you, because they want to see if you say things like "I can't do", I never do" I haven't done" xyz...and if there are things on the video that show otherwise, then the DA will use that to impeach your credibility. In other words, even though YOU may know that you have been surveilled, the DA is banking on that you DON'T know what SPECIFIC activites they may have filmed....or what statements they may have obtained from witnesses.

    The reason why it is called "discovery" is because the Defendant (IC/ER) is entitled to learn information from you that could possibly lead to them "discovering" more information from you that warrants further investigation and development, and to know WHO to subpoena relevant records from for prior treatment that you have received, etc., so that they can formulate a defense to either your claim or the extent and nature of your alleged injures.

    Your attorney will be there to object to any questions that are not "fair game", or to questions that are ambiguous. The DA will try to confuse you, in order for you get flustered and possibly make inconsistent statements.

    So, it is EXTREMELEY important to LISTEN very carefully to each question before you answer. If you don't understand a question, just say so. If you don't remember something, do not guess...or speculate. Just tell the TRUTH, and you fine. If you need a break because of pain, etc., just say so.
    Your attorney will prepare you in greater detail at your pre-depo meeting.

    Now, it is important to remember that EVERYONE has stuff in their past that they would prefer not to talk about, and sometimes make the mistake of not divulging it because they think it might "hurt" their case. So, if this is the case, then TELL YOUR ATTORNEY at your pre-depo meeting. NO attorney likes to be blind-sided at a later date when the DA has dug something up. If your attorney KNOWS in ADVANCE, he can be better prepared!

    And, there are SOME things that the DA might NOT be entitled to question you about, depending on your alleged injuries, etc., and that is your attorney's OBJECT to certain questions. In other words, the DA IS entitled to RELEVANT information, but he can not just go on a "fishing expedition" either, orto use a "fishing expedition" to intimidate you and get you upset and rattled that you are confused and the DA can start twisting your words/statements against you.

    Just TELL THE TRUTH, and try to answer as simply and concisely as you can..""yes", "no" if possible, but do NOT volunteer information BEYOND what the actual question IS. Let the DA figure out what else he might need to ask you!

    Your attorney will ask you follow-up questions if he feels that further information or clarification is neccessary.


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