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The following guidelines are not set in stone and depend upon the circumstances. They are intended to assist you in the giving of deposition and courtroom testimony by highlighting the differences and similarities, and by pointing out problems peculiar to both circumstances.

Depositions and Courtroom Testimony: Any Differences?

Depositions are Fishing Expeditions!
Depositions are conducted under the broad rubric that all questions, no matter how far-fetched, are permissible. "Discovery" in a civil case is defined as the gathering of information that is "relevant or likely to lead to relevant information." Thus, unlike in a trial, you may be asked to express opinion, speculate, relate hearsay, or reveal rumors. Objections, such as "irrelevant, calls for speculation, is vague/compound" are not favored and usually not proffered. If you feel that the question is vague, calls for speculation, asks for hearsay, qualify your answer in those terms.

Depositions are "Controlled" by the Lawyers

In a deposition, no judge rules on objections. Most of you have been around enough to recognize a bad question when you hear it. The protections that are afforded to you be a knowledgeable judge are not present in a deposition. In many respects, a deposition is a sort of feeling out process by all parties and counsel. This is an unfortunate uncomfortable aspect to depositions that truly good counsel prey upon and use to their advantage.

Confidentiality is Only A Word in a Deposition

For those of you who are current or former police officer/sworn personnel be advised that the confidentiality protections normally afforded you may not exist in a civil setting. "Confidential" information protections are not absolute in civil proceedings. A good civil attorney, who knows of your police background, may have tried to get your personal package prior to deposing you. If not, he will attempt to get information that will "open the door" to getting it in a subsequent proceeding.

You may well have a concern that your police employment and history of arresting criminals requires that identifying information about you remain confidential. If a questioner insists upon your home address, college attended, high school attended, wife's name, etc. make sure that your refusal to answer is based upon "concern for your personal safety and the safety of your family due to the vindictive nature of the suspects that you have investigated." It is this writer's opinion that general (but not identifiable) information such as major in college, post graduate courses, military service (but not the branch) hobbies, etc. should be provided to questioner, but nothing should be revealed that could lead to identifiable information.

One of the purposes of a deposition is to learn about you, generally. You can appear to be reasonable by providing information in a general sense for that purpose, but refuse to provide specifics for the protection of you and your family.

Who Will Be your Audience?

All parties may attend a deposition and an attorney may designate an investigator. It is not an usual event to have a plaintiff present during all depositions taken relating to a lawsuit. They may be concerned about the course the litigation is taking or they may be particularly pitiful in their appearance so as to evoke sympathy. Therefore, if other members of your investigation team are available, or the client (who has seen this person pre-injury) is available, they can attend your deposition. As time consuming and annoying as it may be to attend depositions, the value to you as the deponent cannot be understated. Others can observe how the other testimony has gone, how the attorneys interact, etc. and be in a better position to answer questions when their turn comes. Moreover, they will be dramatically assisting in their own defense by providing you with investigative knowledge based upon related to the proceedings. This same advice holds true for you; ask the attorney handling the lawsuit if you can attend any on-going depositions related to the case prior to the time your deposition is taken. This preview can be invaluable for the time you have to assume the "hotseat."