California Wrongful Death Case - Discovery; Depositions

Many clients try to fill in "missing blanks" while answering depositions. Depositions are usually taken months or years after an accident and there are things that clients do not remember. However, in normal conversational activity we all tend to "fill in blanks" to make a complete story. For instance, you might testify that, "I was in the car with decedent. He slowed down for the light and came to a stop. He looked in my rearview mirror and saw the Defendant's car approaching us at a rapid rate of speed and we felt a tremendous impact from behind". The opposing counsel might then ask, "Did you hear brakes screech?" At this point in time you really don't remember one way or the other whether you heard brakes screech but you might testify that you did hear brakes screech because it completes the picture and you assume the other side must have stepped on his brakes before the impact. You further assume that if the Defendant slammed on his brakes that close to you, there must have been a screech of brakes. You do not actually remember hearing any brakes, but testified that you did. This is something you should not do. It is okay not to remember certain aspects of events that happened to you years ago.

This is analogous to attempting to fill in pieces of a puzzle. If you are completing a thousand piece puzzle of an automobile and the puzzle is missing one piece (that piece that has the right front headlight on it) when you look at that puzzle your mind will fill in the missing headlight. Assuming you never found the missing piece to the puzzle and were, a year later, cross examined on what the automobile looked like, if the cross examiner asked you "Did the automobile have two headlights?" you might be tempted to answer "Yes" because you have "filled in the missing piece." However, the correct answer would be "I only saw one headlight in the puzzle." Another way of looking at it is that human beings, in relating an incident, try to relate the most accurate rendition of the incident. Inherent in such a rendition is a lot of assumptions of what happened. The key thing to remember is this: in a wrongful death case or any other case, at the deposition (except for locating other potential witnesses) the defense not only trying to find out what happened. They are trying to find out what you remember happened, what your personal recollection is.

When ask a question, take as long as you wish to answer. Think before you speak.

In summary, remember that depositions are basically used (with some exceptions not discussed here) merely for the purpose of contradicting you at time of trial and discovery additional witnesses In other words, the deposition itself will not be placed, in totality, into evidence. It will be used only to help the opposing attorney prepare his case against you and for purposes of him contradicting you at time of trial. Accordingly, it is very important that you answer truthfully. However, the shortest answer you can give, consistent with truth, is the best answer to give.