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It doesn't matter why you're doing it. Whether you're deliberately evasive or not, you're not stating facts that answer the question. The purpose of a depositio
by GavinMcG 5y ago
It doesn't matter why you're doing it. Whether you're deliberately evasive or not, you're not stating facts that answer the question. The purpose of a deposition is to develop a record about the facts the witness can state in testimony. It's a correct question because it demands a specific factual answer.
> I am not here to create stories
Exactly, which is why your response to "tell me more" is to say there is no more to tell. The lawyer needs to know you're on the same page about not creating stories. That way if "more" suddenly comes up in trial, the judge or jury can fairly weigh why you are all of a sudden willing to create stories at trial.
- FpUser 5y ago>"you're not stating facts that answer the question" Not my problem. I am not here do the guesswork and tell semi-facts that could be further twisted to advance someone's goal. Learn to ask proper questions. That is one of the things you get paid for.
- GavinMcG 5y agoI'm curious what you think a better question would be, given that in the example, the witness could in fact have said from the outset "I didn't measure, but at least 5 feet, say the distance between you and me, and closer than about 15 feet; say from the wall to the end of the table." What better question than the one that directly asks for specific the information that's needed?
- FpUser 5y agoIn this particular distance situation it is simple - tell me approximate distance in familiar way (this is to use size of the room as an example as the person may not actually grok feet) and I will answer accordingly. Do not ask whole bunch of questions instead and call the answers evasive as that lawyer has.
- GavinMcG 5y agoKeep in mind the article is about dealing with evasion. You seem to be assuming that "I don't know" is being seen as evasive, but it's really being assumed because that's what the article is about. Also, depositions are by law conducted the same way testimony at a trial would be, so the lawyer can't herself testify–asking a whole lot of questions is mandatory. Are you saying you think the lawyer should say "The distance from you to me is about five feet. The distance to the wall is about fifteen feet. The distance to that building you see through the window is about eighty feet. How far away would you say <thing> was?" Because that seems unnecessary when an appropriate answer would be "I don't know how many feet, but about the distance to that wall."
- FpUser 5y ago>" You seem to be assuming that "I don't know" is being seen as evasive," I indeed assumed that from reading the type and style of questions in the article. I do see you point though.