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Deposition Testimony 1999
Following are some general practice tips to keep in mind whenever testifying at a deposition.
- Tell the truth, always.
- Never lose your temper. You are an expert witness. Always maintain your professionalism.
- Don't be afraid of the attorneys, even if they try tactics such as raising their voice or asking leading questions.
- Speak slowly and clearly.
- If you don't understand the question, you have the right to ask that it be repeated or explained to you.
- Answer all questions directly, giving concise answers. If you can simply answer yes or no, do so and stop.
- Do not provide information beyond that which is sought in a specific question. There is no need to volunteer any information beyond what is required to answer a question.
- Stick to the facts and testify to only what you personally know. Do not assume facts.
- Describe your patient's injuries clearly and simply without magnifying them.
- Testify only to the basic facts and not give your opinions unless you are specifically asked and believe that you are informed and qualified enough to give such opinions.
- If you do not know an answer, admit it. Many providers think that they have to have an answer for every question. This is not true.
- Resist requests to interpret or draw a conclusion from the records of another doctor or provider.
- Do not be drawn into arguing with the defense attorney. You will never win this one.
- Many matters about which you are questioned will not be admissible at trial. However, the insurer's attorney is entitled to an answer in order to prepare the case. The standards of what is relevant is different at a deposition and at trial. During the course of "discovery" (this includes the depositions of witnesses and providers), the insurer's attorney is allowed to obtain information that "may lead to relevant evidence." At trial, the judge will only allow evidence that is in fact relevant.
- If the patient's attorney objects to a question, stop talking. Listen closely to the objection being made. It may give you a sense of an issue and whether or not to continue with your answer.
- Once the deposition is complete, do not discuss anything in the presence of the insurer's attorney or court reporter. You may find yourself in the awkward position of the insurer's attorney asking for the deposition to be reopened with additional questions. If you wish to discuss something with the patient's attorney, you can do so when you are alone.
Remember, your testimony and the impression you give are among the most important aspects of your presentation. If you give the impression of competence, fairness, and honesty, you will make a great contribution towards the successful completion of litigation.
Very truly yours,
ADLER GIERSCH, P.S.
Richard H. Adler
Attorney at Law
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