Defense Deposition Tactics

Defense attorneys often use certain abusive tactics during depositions that you might want to be aware of. A knowledgeable Irvine personal injury attorney will know how to deal with them.

One such tactic occurs when the defendant (the person who caused your injuries) is being deposed by your personal injury attorney. Whenever your attorney reaches an important question, the defense counsel will instruct the defendant to answer “if you know” or “only if you understand the question or know the answer.” The defendant takes the hint to say that he or she does not know or does not understand. Your attorney might respond with the following:

“Mr. [Attorney], throughout this deposition, you have instructed your client to answer “if he knows” several times. I believe I made clear in my opening instructions that the defendant should answer only if he knows, and that my questions presuppose that. If you have an objection to the form of the question, please object, but I ask that you stop coaching your witness, or I will adjourn this deposition and move for a protective order, as well as sanctions.”

If the defense counsel continues to obviously coach the witness, your Irvine personal injury attorney may be forced to apply to the court for sanctions under Federal or State Rule 30(d) or 37. This is an unusual move, and plaintiff’s attorneys rarely have to use it, but most attorneys will refrain from such abusive tactics if they think it is a possibility.

If you have any questions about how to prepare for a deposition, contact experienced Irvine personal injury attorney Samer Habbas at 888-848-5084 for a free initial consultation.