What is a Deposition?
A deposition is a statement taken under oath. It is usually taken in an attorney's office, either yours or the insurance company's. A court reporter will be present to record everything that is said.
A deposition is almost the same as giving testimony in court, except that no judge is present. You will be under the same oath that you take in court. Lying under oath is perjury. You will be subject to the penalty of perjury.
Perjury is a crime punishable by imprisonment or fine. In addition, in a workers' compensation case, you can lose your right to any benefits by making a false statement in order to obtain benefits.
WHAT HAPPENS AT A DEPOSITION?
First the court reporter will have you raise your right hand and swear to tell the truth. The attorney will then ask you questions. Usually they give you a brief instruction on the ground rules of the deposition which will be similar to the information provided in this article. Your attorney will be present in order to object to any improper questions. You will usually be allowed to take a break whenever necessary. A workers' compensation deposition is seldom confrontational. Most defense attorney's prefer to act pleasant and engage you in conversation rather than "cross examen" you.
WHAT ARE THE "GROUND RULES" FOR A DEPOSITION?
A. Always give verbal responses. The court reporter takes down words spoken. If you nod your head or shake your head or point to a body part or otherwise demonstrate, this will not be recorded in the deposition. Also, the sounds we sometimes make to indicate affirmative or negative responses such as "ah huh" and "uh huh" are not clear when put into type. If you point to your left elbow you should say "my left elbow" not "this elbow." If you point to your low back you should say "my low back" not "right here."
B. Do not respond to a question that you do not understand. If the attorney asks a question and you answer it, everyone will assume that you understood the question. If you have any doubt in your mind as to what the attorney means to ask, verbally clarify the question. It is entirely appropriate to say "Would you please rephrase the question?" or "I am not sure I know what you mean." This requires the attorney to ask a question which is easier for you to understand.
C. If you do not know an exact answer you may give your best estimate. "I don't know" is a perfectly good answer. If you mean that you do not know something exactly when you can estimate, then you should provide an estimate. For example, if you are asked when something occurred and you know that it was in the summer or the winter but you do not know the day or the month, then you should say "sometime in the summer of 1995." An estimate is based on your own observations. You should not guess at any answer but if you
have some basis for estimating then you should do so.
D. Be sure to allow the attorney to complete the question before you answer. Attorneys often are formulating their question as they speak and often add multiple qualifiers to the end of a question. You should leave a pause between the end of the question and the answer to make sure that the attorney is finished and to formulate your answer in your head before answering. In conversation we often anticipate the end of a question and answer before the questions is finished. However, the court reporter cannot record two people talking at the same time.