California Wrongful Death Case - Discovery; Depositions

LIMITING THE ANSWER TO THE QUESTION
Do not answer beyond the question being asked. Do not try to anticipate the "line of questioning." After you have answered the specific question, stop talking and wait for the next question, even if the lawyer pauses as though waiting for additional explanations.

DO NOT COVER UP
Do not exaggerate any point that you are trying to make. It will invariably be turned around and used against you. If, in a wrongful death case, for instance, when questioned about your relationship with the decedent, if asked if you ever had any disagreements in your relationship, a correct answer would be "Yes." All relationships foster disagreements.

PERSONAL BACKGROUND WILL BE EXPLORED
While many such matters will not be admissible in trial, the opposing attorney is nonetheless entitled to inquire about such personal things as:
1. Marital history.

2. Educational background.

3. Religious affiliations.

4. Employment history (including reasons for changing employment).

5. Previous residences.

6. Prior felony convictions.

7. Etc.

PREVIOUS CLAIMS OR LAWSUITS
Generally the only way a previous claim or lawsuit might become admissible at trial is for you to fail to make a disclosure when asked about them on your deposition. That can cause serious problems later. Be certain to discuss this with your Northern / Southern California wrongful death attorney before your deposition.

QUESTIONS REQUIRING SPECIAL CAUTION
1. Questions assuming facts.
Questions innocently asked may mistakenly assume a fact. Watch out for such an assumption on the part of the lawyer asking the questions and immediately advise him that the answer cannot be answered in that way. This is the old "when did you stop beating your wife" question.

2. Lawyers paraphrasing your answer.
Attorneys will frequently attempt to summarize your testimony on a particular subject (such as your relationship to decedent in a wrongful death case) and repeat it back and ask the witness if that is what he is saying. Rarely is it summarized exactly as you said it, and a missing word or phrase can make a big difference. Listen to such restatement and resist giving an unqualified "yes" when asked if that is what you have said.