Discovery in civil litigation is intended to narrow the focus of the impending trial and allow each side to have the same information as the other. Your San Jose employment lawyer can explain that your performance at your deposition can be critical in the ultimate outcome of your case.
Although your testimony in a deposition is under oath and recorded by a court reporter and perhaps a videographer, it is a far less formal proceeding than a court trial. Typically occurring in opposing counsel’s office, you will be seated at a conference table, along with your San Jose employment lawyer. The defendant’s lawyer will proceed to ask you questions, which you are required to answer.
Although your lawyer can instruct you to not answer a particular question if she feels it is objectionable, the range of questions permissible in a deposition is typically quite broad. Essentially, anything that is even remotely connected with your employment claim is fair game. Sometimes the questions are designed to prompt you to share more information than you need to.
Although you may not fully understand the rationale behind a question you are asked, you should listen carefully and answer only what is asked of you; do not expand or go on tangents. If the question can be answered “Yes,” or “No,” answer exactly that way. If further information or an explanation that would be beneficial is needed, your lawyer will follow-up with you so the record is clear.
The manner in which you handle yourself at the deposition will be scrutinized by the defendant’s legal team. Especially so in an employment law case, your credibility and demeanor as the plaintiff will likely be the most influential evidence. How well you do at the deposition is a strong indicator of how well you will do in front of a jury.
Your lawyer will handle the legal aspects of the case, but you are also an important factor. To learn how best to maximize the potential for a positive result in your case, call the Costanzo Law Firm, APC, a San Jose employment lawyer at (408) 993-8493.
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