A deposition is a method of discovery in a civil lawsuit in Florida by which a party can obtain information by asking questions directly to a deponent. They are generally transcribed on paper by a court reporter, but can also be videotaped. They are like a simple Q and A session, but can sometimes be a critical junction in a lawsuit and can significantly impact a party's litigation strategy.
In Florida, most depositions occur during the discovery phase of a lawsuit. The discovery phase normally begins after the pleadings or documents framing the suit are filed with the Court, but before the final resolution of the matter.
Procedurally, the participants coordinate the time, date, and location for the deposition and provide written notice to the deponent. If the party being deposed is not a party to the lawsuit, then the notice is in the form of a subpoena and is served by a process server, unless waived. Failure to appear or participate at a deposition can result in sanctions from the Court unless there is a proper basis to do so.
If you are a represented party in a lawsuit, your attorney will discuss the particulars of the deposition, who may and who will be present, and what you can expect. Your attorney will also tell you whether you should review any documents before the deposition and if you should bring any materials to the deposition. The most important advice your attorney will give you is always tell the truth. When you begin the deposition, you will take an oath to tell the truth. Not only is it illegal to intentionally violate that oath, but it will destroy your credibility and jeopardize your claims if you don't tell the truth.
Some other important general Dos and Don'ts in preparing for and participating in a deposition are:
1. Do always tell the truth
2. Do dress appropriately, especially if the deposition will be videotaped (you'll know in advance)
3. Do listen to the question and carefully consider your answer - it's OK to take your time in responding
4. Do be sure to answer verbally - nods of the head don't translate into writing
5. Do inform the attorney questioning you if you don't understand the question and ask that person to rephrase their question
6. Do fully review any document provided before answering a question about it
7. Do inform your attorney if you need to take a break or if you are uncomfortable or unsure of anything
8. Don't volunteer information particularly when no question has been asked
9. Don't divulge what you and your attorney have discussed unless your agree in advance with your attorney to do so
10. Don't guess - it is acceptable to answer with "I don't know" if you really don't
11. Don't try to answer questions about a document without seeing it - if it is not provided, ask to see a copy if you need to
12. Don't accept the statements, representations, "facts", or opinions of the attorney questioning you unless you know that they are absolutely and unquestionably accurate
13. Don't try to outsmart the other lawyer or play lawyer
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