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Myths about Depositions

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

I’ve written about depositions, how to prepare for them, and what to expect while they are taking place. However, many plaintiffs have some preconceived notions about depositions which are inaccurate or untrue. These misplaced ideas may work against them during a deposition and that could ultimately harm their personal injury lawsuit.

Here are some of the myths that many people have concerning depositions:

Myth: A deposition is not as important as a trial

Fact:Since only a small percentage of civil lawsuits ever reach the trial stage, a deposition may be the only time you get to present your testimony.

Myth: A judge will be at the deposition.

Fact: Wrong. The lawyers on both sides will be responsible for resolving any disputes.

Myth: Your lawyer can advise you how to answer a question.

Fact: No. Your attorney can only object to a question or advise you not to answer it at all; he or she cannot assist you in giving your answer.

Myth: You should reply as quickly as possible to the defense lawyer’s questions.

Fact: Absolutely not. You should take all the time you need to consider your answer before speaking. 

Myth: Since you can fix your answers later, you don’t have to strive to be as accurate as possible during a deposition.

Fact: While it is true that you will be able to read over the deposition transcript at a later time and make corrections, you will be required to provide a reason why your original answer was incorrect. The defense can object to the changes, use them to question your trustworthiness, or even ask you to go through the deposition again.

If you have any questions about an upcoming deposition, be sure to ask your attorney about them. Don’t go into a deposition with incorrect ideas about what will take place.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.