What do I do if I receive a notice of deposition?
If you have just received a Notice of Declaration, it is important that you take it seriously. Certain responsibilities are expected of you, according to the law. Read on to learn what it means to receive this type of notice, what is expected of you, and what to do. Take comfort in knowing that you are not in trouble and that you are already in the right place.
Understand the meaning
A Notice of Deposition is simply a legal phrase that describes a formal meeting that involves a recorded interview under oath. If you received one, it means that you are being asked to provide answers under oath as a witness in a case. It is an official interview session that is used for two main reasons: to learn what you know about the case at hand, and as evidence for later use. Even if you have nothing to do with the lawsuit or the parties involved, you can still be asked to file a statement. The Indiana Rules of Trial Procedure allow it. Either party to a lawsuit can have either party provide a statement 20 days after the lawsuit is filed.
What to expect
During a deposition, a person called an examiner will ask you questions. They will ask you a series of questions to see if you have any useful knowledge that they can use as evidence to help their client win their case. This part can be uncomfortable, as some people describe it as an interrogation, but with the right knowledge, you can get through your statement without a hitch. Here are some important tips to remember to help you with your next bowel date:
Get prepared – You may want to consider hiring an attorney to protect your rights during the deposition. Even if you are not part of the lawsuit and are simply a witness. They can also provide you with a mock session before the meeting to help you prepare for what is to come.
Stick to the truth – Since you are under oath, it is important that you be completely honest throughout the deposition process. Also, be sure to answer only the question asked and only answer what you know. Sticking to the truth will also make it easier to answer the examiner’s questions and reduce anxiety.
Keep calm and cooperate – Never get defensive, combative, angry or emotional during a deposition. Stay calm and professional, and avoid raising your voice or arguing with the examiner.