While television shows like Law & Order lure viewers with the high drama of jury trials, scant attention is paid to pre-trial depositions, the legal proceeding you are far more likely to participate in if you are involved with a lawsuit.

A deposition is an opportunity for parties involved in a lawsuit to obtain sworn testimony from witnesses before a trial. Being "noticed" (required to participate) for a deposition as a witness in a legal proceeding can be stressful, particularly if you have limited experience with the legal system. If this happens, it's important to remember that you have rights as you comply with the notice.

The following strategies and recommendations, while not exhaustive, could make the process less daunting and protect your own interests.

  1. Consider hiring your own lawyer. If you've already spoken to the lawyers involved in the case before or after receiving your deposition notice, you may be under the impression that those lawyers will represent you at the deposition. That is often not the case; it is more likely the lawyers represent either the plaintiff (the person/company that filed the lawsuit) or the defendant (the person/company that is being sued). Hiring your own lawyer best ensures your interests are protected at the deposition because the statements you make at a deposition can be used against you in a future proceeding, or they may lead to new accusations and claims against you in the same lawsuit. Under certain circumstances, your lawyer could limit your testimony or even stop the deposition from going forward altogether.
  2. You may be able to change the date and time on your notice. Deposition notices typically have a date, time and location (which may also be a Zoom link) on the deposition notice itself. Lawyers will often put a time/date/location convenient to them on the notice if they are unable to communicate with a witness beforehand. Once you receive the notice, you should contact the lawyers involved, and if you so desire, ask them to reschedule the deposition for a time and date that is convenient to you. The lawyers are usually willing to accommodate this request and work with your schedule. Today, many depositions proceed entirely by Zoom, with the lawyers, court reporter and witness all appearing remotely. If you prefer to appear by Zoom, let the lawyers know so they may accommodate that request.
  3. Know that you can ask for a translator if you want one — and you will not have to pay for it. Suppose English is not your first language, and you are more comfortable listening to and answering questions in another language. In that case, you should let the lawyers involved in the case know this and request a translator for the deposition. Depositions often involve issues that are highly technical and complicated. If you would like a translator at the deposition to translate the questions from English to your preferred language and similarly translate your responses, you should ask the lawyers to hire one for the deposition, and it will be at their expense.
  4. You may want to ask for a witness fee. While witness fees can vary depending on the jurisdiction, they generally fall between $5 and $40. However, if you are a skilled witness, such as a doctor, and you are being questioned about a matter within that skillset, such as a patient file, this is more analogous to expert testimony. You may be entitled to a reasonable fee for your time, and you should provide the lawyers with your hourly rate before the deposition.
  5. After your deposition, review your deposition transcript carefully and make corrections if necessary. Upon completion of counsel's questions, the court reporter will explain that you will have the opportunity to review the transcript and make any changes. Take advantage of that opportunity to review the transcript to ensure your testimony was accurate. If you find errors or misstatements within the transcript, you can correct those on a form called an "errata sheet."
  6. Finally, and most importantly, tell the truth. This is the most critical advice for any witness served with a notice of deposition. Even though a deposition does not occur in a courtroom, it is still a legal proceeding. Generally, the court reporters are notaries public, and as notaries, they administer an oath. Before testifying, the court reporter will ask you to take an oath, "to tell the truth, the whole truth and nothing but the truth." Listen to that oath and abide by it.

While being noticed for a deposition can appear daunting at first, knowing a bit about the process and your rights within it can remove some of its mystery. With a bit of guidance and knowledge, you can better navigate any issues it entails.

Originally published by South Florida Business Journal .

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.