Legal Question in Criminal Law in Minnesota

Re: Deposition Statement

I presume you have been sued as a result of the accident, and that you are being defended by your insurance company. If so, the lawyer assigned to defend your claim should prepare you for the deposition. In my office, I usually meet with the client before the deposition to review the facts and go through practice questions. We also discuss common deposition strategies that will likely be used by the other side. You should contact the lawyer to express your concern and request that you be prepared. In the meantime, I can offer some general advice, but this really should be discussed with your lawyer.

It is not uncommon for a deposition in a case like this to be taken long after the accident occurred. Memories fade during this time and it is entirely possible you will no longer recall specific details, even those that may have been given to police or an investigator shortly after the accident. In general, if you can't recall a specific fact, you should say so, and above all, don't guess at an answer. If you are then presented with a prior statement or some other document that refreshes your recollection, you can testify as to what you actually recall, but should be clear about what you don't know.

Some of the most common pitfalls in depositions occur when the witness guesses at an answer, offers speculation, or goes beyond the question that is asked. Keep your answers brief and to the point, and above all, don't volunteer information that has not been strictly asked for. If the question can be answered with a yes or no, do so. If the opposing lawyer wants more detail, let him ask for it. Hopefully your lawyer is agressive enough to make proper, timely objections. His job is to protect you during the deposition.

I can certainly provide you with assistance and would be delighted to do so, but as I noted, you probably have a defense lawyer appointed to you already. If, however, you are uncomfortable with the representation for any reason, or more important, if you don't have a lawyer, call me to set up an appointment to discuss the matter. My contact information is below.