Anyone who has to prepare for a deposition should take the time to read Jim Garrity’s excellent deposition preparation book, Five-Minute Guide to Creating Invincible Deponents. Going into a deposition for the first time can be intimidating, and Garrity outlines the tactics attorneys can frequently use in an attempt to fluster an opposing witness. Every case is different, but one thing Garrity emphasizes strongly is the need for truthfulness. Don’t shade the truth and don’t be evasive. Answering questions with 100% truthfulness, even when it is difficult, adds to the credibility of your testimony in every other line of questioning.

If you practice truthfulness in your everyday life, not only will your deposition be much easier, but your personal and professional relationships could benefit as well. Many people respect those who are known as “straight shooters” and give truthful answers, even when it is hard. I have watched depositions where the line of questioning was uncomfortable. I have seen people I respected greatly tell the truth in the face of discomfort or deep pain. It has only served to increase my admiration for them and their strong character. An unwillingness to abide by high ethical standards such as telling the truth produces only disappointment, distrust, and disrespect.

As Garrity states so clearly in his book, “It is better to lose the case standing up [than] to win it on a bed of lies.”

Attending a deposition as a party in a lawsuit was a new experience for me in early 2022. Craig and I were scheduled for a two-day block of depositions on a Thursday and Friday in a conference room at the Otter Tail County Courthouse. Those two days happened to be two of the coldest days of the year. The wind chills were terrible as Craig and I had to park about a block away and walk to the courthouse entrance. As we entered, we had to go through metal detectors and screening devices to make sure we weren’t carrying any weapons. The attorneys had a free pass, apparently, as they just walked around the checkpoints. I noted that as Attorney Kirsten Hansen (daughter of retired Judge Mark F. Hansen) walked through the building, employees were saying “hi” to her as if she was a very familiar face.

We expected full, seven-hour marathons, though they ended sooner than that. Craig was deposed on the first day. Anyone who knows me is aware that I have an opinion that I often like to share. When you attend another person’s deposition, however, you are not supposed to answer the questions posed to them. Apparently, I must have forgotten this obvious rule of thumb midway through Craig’s depo. The first time, I asked if I could speak up because I knew the answer to a question that no one else knew. Two attorneys turned, looked at me, and quickly blurted out, “No!”

Okay! I would be quiet! For a short time anyway. It wasn’t too much later that I accidentally blurted something out when I thought Craig was going to get an answer wrong. This time, the attorneys didn’t even bother looking at me.  That lady is hopeless.

When we arrived home that night, Craig broke the news to our daughters that their mother couldn’t keep silent during HIS deposition. That was met with roars of laughter, as they exclaimed, “You’re not supposed to do that, Mom!” They clearly knew my personality and propensity for speaking my mind.

“The pen is mightier than the sword.“
– Edward Bulwer-Lytton, 1839