Legal Question in Employment Law in Virginia

Am I allowed to pummel and yell at an "opponent" in deposition? If I called a Naval officer a liar, am I in trouble?

You need to be careful about three things. First, statements made during a sworn disposition (where you are the deponent) can be used against you. You have a right to claim 5th amendment protection against making incriminating statements. This is very important in instances where you might be admitting to committing a crime. For example, it is against the UCMJ (Uniform Code of Military Justice) to commit adultery. Therefore, during a divorce proceeding, if you are asked if you cheated on your spouse (and you did), you are faced with either lying under oath (perjury and real possibility of impeachment) or incriminating yourself under the UCMJ (a criminal act). It would be appropriate to plead the 5th at that point.

Secondly, you need to be non-combative. There is reason that folks hire attorneys. One really good one is divorcing emotions from the legal procedure. When you start yelling and badgering your deponent, you have lost. Depositions are designed to get trapping impeachment evidence, not fight. Get them to say what you want then use it at trial.

Finally, generally, as the person asking the questions, you are not under oath, so the nothing you ask or do can be used against you in trial. However, some caution is appropriate to ensure you remain within the bounds of procedure (i.e. you cannot threaten or attempt to get the deponent to lie, bribe the deponent, etc.).

It is difficult to tell if you have a problem with the exchange you've described. We would need to know more about your position, the case, and the person you were deposing. This is especially true if you were enlisted and interrogating an officer. I cannot emphasize enough the need to have proper counsel when pursuing legal remedies in the government.

If you would like to discuss this further, feel free to give me a ring at 703-402-2723.