Unsure How To Answer a Question

Answer:

Just like trial prep at our law office that we do here in our mock courtroom in our law office, we also do deposition prep with our clients. In the weeks before the deposition happens, we bring them in, and one of the things that we spend a good amount of time with them on, after going over the facts of the case with them, is what to do if they don’t recall the information that a question is related to, if you don’t know the answer to the question. Our answer to that is very simple – say, “I don’t recall.” If they get asked the question 1500 ways, “I don’t recall.” Most of the time, the deposing lawyer will try to set other things out there to kind of jog your memory and get you to remember it. At some point, if you do remember, there’s nothing wrong with saying, “Oh, that’s right! You said that and reminded me of this. I do remember. This is what happened.” But if after them trying to jog your memory and trying to get you to recall, if you still don’t recall or you don’t know the answer, you don’t know. Stick with that, “I don’t recall. I don’t understand that.” A lot of times the deposing and opposing attorney will try to get you to put things on the record that you don’t recall. They try to pin you down to statements because all of this stuff admissible in court is deposition. They use it for motions of summary judgment and all that stuff. If you don’t know, you don’t know. If you do know, well, you do know. Discuss it with your attorney. Again, short answer, if you don’t recall, you don’t recall; say, “I don’t know,” but do not guess.