If you’ve been called to give a deposition, you might be wondering if you can just say no – or maybe you’re wondering why do I have to give a deposition? In the shortest answer possible, the reason you have to give a deposition is that you’re required to do it.
You may be required to give a deposition if you have knowledge or information relevant to a case, or if you are a party to a lawsuit. Depositions are often used to establish the facts of a case, to clarify testimony, or to impeach the testimony of a witness. They may also be used to preserve the testimony of a witness in case they are unavailable to testify at trial.
Can you just not give a deposition?
It is generally not possible to simply refuse to give a deposition. If you have been properly served with a subpoena requiring you to give a deposition, you are generally required by law to appear at the designated time and place and to answer questions under oath. Failure to do so can result in legal consequences, such as being found in contempt of court.
If you have a valid reason for not being able to give a deposition, such as an illness or a conflict with another obligation, you may be able to reschedule the deposition for a different time. In some cases, you may also be able to give a deposition by telephone or video conference instead of appearing in person. However, these options are generally only available if the parties to the lawsuit agree or if the court orders it.
What happens if you refuse to give a deposition?
Refusing to give a deposition when you have been properly served with a subpoena to do so can result in legal consequences. If you are a party to a lawsuit, the court can order you to appear for a deposition and can hold you in contempt if you fail to comply with the order. Contempt of court can result in fines and even imprisonment in some cases.
If you are not a party to the lawsuit but have been subpoenaed to give a deposition as a witness, you may also be held in contempt if you refuse to appear or to answer questions under oath. However, there may be legal defenses available to you if you have a valid reason for not being able to comply with the subpoena, such as an illness or a conflict with another obligation.
What happens if you say the wrong thing in a deposition?
If you say something incorrect or misleading during a deposition, it can potentially have serious consequences. Depositions are sworn statements given under oath, and the testimony you provide can be used as evidence in a legal proceeding. As such, it is important to be truthful and accurate when giving a deposition.
If you realize that you have said something incorrect during a deposition, it is generally best to correct the mistake as soon as possible. You can do this by stating that you misspoke or misunderstood the question, and then providing the correct information. It is also a good idea to clarify any ambiguous or confusing statements you may have made.
If you intentionally provide false or misleading testimony during a deposition, you may be charged with perjury. Perjury is a criminal offense that involves making false statements under oath, and it can result in fines and imprisonment. It is important to be truthful and accurate when giving a deposition to avoid the risk of being charged with perjury.
Video Deposition Tips:
Here’s a good video from the Youtube channel Cluff and Cluff that dives into the reasons why – hopefully this helps if you’re a visual learner.