Deposition Tips

Getting a notice for a deposition can be a scary thing. Over the years the firm of McEwan, Martinez & Dukes in Orlando, FL, have put together some simple deposition "tips" to help doctors prepare for their deposition.

Below is a sample of the Deposition Tips.
To view the entire list click here to download the pdf.

  • Tell the truth. This is more than a copybook maxim; it is a rule of self-preservation for witnesses. Assume that the examining counsel is supporting himself on his professional ability and that this includes the ability to make a witness who is playing fast and loose with the truth very uncomfortable. Further, you can repeat a true story over and over, where if there is a deviation, it will come out sooner or later.
  • Think before you speak. Allow five full seconds to elapse before beginning to answer the question. This allows counsel to formulate objections and further allows youto think through what your answers are going to be. You should realize that when you testify you are dictating an important document.
  • Answer the question. The examiner is entitle to an answer to the question which he asks, but only to that question.
  • Do not volunteer information. You are not there to educate the examiner.
  • Do not answer a question you do not understand. It is up to the examiner to frame intelligible questions; if he cannot do it, do not help him. Do not explain to the examiner that the question is incomprehensible because he has misunderstood words of art in your profession. Do not help the examiner by saying "do you mean X or do you mean Y." You will be asked both of these questions.
  • Talk in full, complete sentences. Unless it is a simple question, the question should not be answered yes or no. Beware of questions containing double negatives.
  • You only know what you have seen or heard. Questions are often phrased "do you know?" A question on deposition may legitimately call for something you do not know, but it must be so phrased. There is a difference between a question which asks do you know, and a questions which asks whether you have any information bearing on a particular subject.
  • Do not guess. If you do not know or cannot recall something, say so. This rule becomes more important and more difficult to follow when the examiner is scoring points or making it appear to you that only an idiot does not know the answer to the questions.
  • Be as specific or as vague as your memory allows, but do not be put in a position contrary to your true recollection. If you are asked when something occurred and you remember that it occurred on January 15, state January 15. If, on the other hand, you cannot recall the exact date, state the approximate date and say that it is approximate.
  • Do not explain your thought process as to how you reached the answer to a question. In answering a question to which your answer depends on your recollection and other facts not called for by the question; do not refer to these other facts in explaining how you can answer the question. In other words, if you are asked when a conversation with Mr. Jones occurred, and you recall that it had to be in December because you met Mr. Smith after Mr. Jones and that was in January, do not explain this thought process to the examiner.