What Do I Do If I Receive a Notice of Deposition?

If you have just received Notice of Deposition, it is important to take it seriously. There are certain responsibilities expected of you, under law. Continue reading to learn what it means to receive this type of notice, what is expected of you, and what you need to do. Take comfort in knowing that you are not in any trouble, and 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 to a case. It is an official interview session that is used for two primary reasons: to learn what you know pertaining to the case in question, and as evidence for later use. Even if you have nothing to do with the lawsuit or parties involved, you can still be asked to come in for a deposition. The Indiana Rules of Trial Procedure allows it. Either parties in a lawsuit can have anyone provide a deposition 20 days after the lawsuit is filed.

What to Expect

During a deposition, you will be asked questions by a person called an examiner. They will ask you a succession 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 may feel uncomfortable since some people describe it as an interrogation, but with the right knowledge, you can get through your deposition smoothly. Here are some important tips to remember to help you with your upcoming deposition date:

Get Prepared – You may want to think about hiring an attorney to protect your rights during the deposition. Even if you are not part of the lawsuit and simply a witness. They can also give you a mock session prior to the meeting that will help you prepare for what's to come.

Stick to the Truth – Since you are under oath, it is important that you remain entirely truthful during the entire deposition process. Furthermore, be sure to only answer 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 any anxiety.

Remain Calm and Cooperative – Never get defensive, combative, angry, or emotional during a deposition. Remain calm and professional, and refrain from raising your voice or arguing with the examiner.

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