Santa Barbara car accident lawyer Marcus Morales discusses preparing for a deposition in your Santa Barbara car accident case. If you have been injured in an auto accident, call Morales Law for a free consultation (805) 845-5405.
TIMING OF NOTICE OF DEPOSITION
Code of Civil Procedure § 2025.270. (a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice. NOTE: Be careful how you serve the notice, anything but personal service will extend the notice period. For example, the notice period is extended by five days if served by mail.
LOCATION OF DEPOSITION
Code of Civil Procedure § 2025.250. (a) Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent’s residence, or within the county where the action is pending and within 150 miles of the deponent’s residence.
TIPS FOR YOUR DEPOSITION
If you are being deposed, remember these helpful tips:
1. Only answer the specific question asked. It is human nature to attempt to explain yourself, but don’t! Giving more information can lead to unintended consequence which experienced lawyers can turn against you. For example, if the lawyer asks a yes or no question, only say yes or no, do not explain, unless your lawyer tells you to do so.
2. Dont guess. It is ok not to know the answer to a question. But, if you guess at a deposition, it will be taken as a fact and you will be locked into that answer. If the guess turns out incorrect, you credibility will be impeached. Only answer questions that you know the answers to. If you dont the answer, say so! It’s perfectly fine!
If you have a deposition scheduled in your personal injury case and would like more advice, call Morales Law for a free consultation at (805) 845-5405.