Depositions - 1 Simple Question

One Simple Question

Yesterday we discussed the 8 Simple Rules For Deposition Testimony. Today we ask the 1 Simple Question.

Do you understand these rules?  Then let’s see how well you can apply them.

Answer this Question: “Do you know what time it is?”

What is your answer: _________________. Write it down.

If you answered yes or no then you clearly understood the rules and violated none of them. But if you wrote in the actual time you failed miserably and obviously you didn’t understand the question or the rules. Why you ask? It’s simple.

First of all I didn’t ask you “What time is it?” I asked, “Do you know what time it is?” That is a question that can be answered with a yes or a no. And you didn’t answer with a yes or a no. So first you didn’t listen to the question or you didn’t understand the question in which case you failed to ask for clarification and both are a violation of the 8 Simple Rules. Besides that you violated the rule about offering information as well. My guess is you didn’t take a moment to think about the question before answering it and so you violated that rule too. Need I go on?

You see being an honest witness requires you to answer the questions being asked not the questions you want to answer. It requires active listening. It requires thinking and not just reacting. Listen and then literally answer the question that is asked. If the lawyer wants to ask you for the time they will ask, “What time is it?”, not “Do you know what time it is?”. There is a big difference. So listen and follow the rules. And answer the questions 1 simple question at a time.... more on this tomorrow.