Tricks Lawyers Use in Depositions

8 Tricks Attorneys Use in Depositions

• Objection

An objection is a formal protest that lawyers use to ask the judge to disallow the testimony of a witness or force the judge to consider if the question should be asked. For example, if a lawyer believes that a witness’ testimony violates the rules of evidence, they often object to the testimony or line of questioning.

Lawyers use objections as a trick to delay the trial. Objections and the explanations lawyers provide take up valuable time in court. When an attorney wants to delay the proceedings, they sometimes use an objection. Late objections are located in documents at the bottom of the page and are helpful in long depositions.

Attorneys also use objections to preserve the record. Sometimes, objections are made for alternate purposes. For example, an attorney may object to something to signal their client not to answer a question because the answer may be incriminating. Lawyers also use objections to tell a witness not to answer a question because the answer will reveal privileged information.

Most objections are regarded as routine, and lawyers should prepare the court for their use. For example, a lawyer might say, “I would like to take this opportunity to object to the questions asked of my client and to explain why my client’s answers are privileged information.”

• Reading Documents Out of Context

Another trick attorneys use is to read documents out of context only focusing on the information that the attorney wants to highlight.

In this situation, the lawyer can choose one phrase important to the case and disregard the phrases before or after it in the deposition. In repeating these phrases, the attorney can emphasize their point to the judge and the jury.

Additionally, the deposition-taker can ask for the right to read the documents into the record, allowing them to read passages most helpful to the case aloud.

• Outside Scope of Discovery

Lawyers use focused follow-up questions to seek answers about information considered objectionable or outside the scope of discovery.

When a question requests information outside the scope of discovery, attorneys object to answering the question as it is asked rather than the structure of the question.

To use this deposition trick, an attorney might say, “Objection, this question calls for information outside the scope of discovery.” Or, the lawyer might say, “I object to your line of questioning about the other lawsuits my client was involved in,” since this information falls outside the scope of discovery.

• Refusing a Question

Another strategy lawyers use in depositions is refusing to answer a question. Experienced litigators often state, “do not answer that question” to their clients, and they do so because they object to the question. After all, it calls for a legal conclusion.

This expression also buys time since it forces the opposing counsel to consider how they can rephrase the question.

• Privileged Information

When the opposing counsel’s question requests privileged information, and the witness seeks to use their privilege, he or she should object based on privileged information or seek an order from the judge.

When executed correctly, an objection based on privileged information can protect the witness and help the lawyer buy time.

• Not Relevant

An additional trick that lawyers use is stating the word “immaterial.” When used in the correct situation, this term excludes certain evidence from the record because it does not pertain to the case at hand.

When the attorney deems certain testimony, for example, immaterial, then the testimony is said to have no bearing on the case’s issues. The lawyer should instruct the witness to only answer the questions relevant to the witness’s testimony.

• No Preparation

Sometimes attorneys state, “I object because I haven’t been able to adequately prepare!” When a lawyer cites a lack of preparation, they might do so because they have not had time to review the relevant documents before the deposition.

If the opposing counsel claims “no preparation,” the other lawyer can ask about specific documents, such as “all of the forms marked 9B.”

• No Answer

When an attorney instructs a witness not to answer, the attorney is using a distinct strategy to buy time and keep certain information from opposing counsel. If opposing counsel objects to this strategy, the lawyer can ask whether their opponent is objecting based on substance or form.

Answer the question if the attorney objects based on form and an objection is sustained. The other lawyer must rephrase the question when an attorney objects based on the form.

• Continuance

When attorneys ask for a continuance, they must show good cause why they needed the delay. A continuance is granted by the court to move legal proceedings to a later date. Often, the parties in a suit asking for a continuance to give them more time to prepare for the court proceedings.

• Recess

When an attorney requests a recess, they ask for a break in the trial. For example, attorneys move for recess when they want to review documents or speak to their clients. Some attorneys grant recesses automatically, while others refuse it unless the reason is valid.