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What if You Don't Know An Answer to Your Deposition Question

Hi everyone! Dustin here from lawatyourside.com.

So what happens if you’re in your deposition and you don’t know the answer to a question, what happens, what do you do?

That’s perfectly acceptable and all you should say is “I don’t know.” If you don’t remember, you say, “I don’t remember,” and that’s in fact what you should do. You should never really guess at an answer. You should never just make up something. You should just say, if you don’t remember the answer to questions, “I don’t know” or “I don’t remember.” If you have an approximation, you can give an approximation. So if they’re asking you how much is something weigh and you don’t know how much it weighs, say “approximately this much” if you know, if you can give one, or how long ago did an incident happen, how long ago were you injured. “Oh I don’t remember exactly, six months ago, seven months ago, something like that.” That’s okay.

If you had prior treatment on an injured part of body that you’re claiming was injured in your current accident and you don’t remember exactly when it was or why you went or what happened. Again, you say, “I don’t know” or “I don’t remember exactly.” Now generally, it’s better if you can give an answer but it’s worse if you give the wrong answer or you give an answer where you’re guessing. You don’t just want to guess and blatantly blurt out an answer. You want to give intelligible answer that’s based in truth that you’re speaking truthfully about. You don’t want to just throw out random answer. You certainly don’t want to lie or make up an answer. So that’s what you should try to do.

Again, if you can prepare for your deposition ahead of time and anticipate the kind of questions that are going to be asked, it will help you better be prepared when you walk into your deposition and you know what they’re going to ask and how you’re going to answer it because you’ve already prepared ahead of time and it doesn’t come as a surprise to you and that you don’t find yourself scrambling making up answers.

Again, you want to be truthful, you want to speak the truth, and you want to give intelligible answers to the questions that are being asked, but if you don’t know or you don’t remember, that’s fine. You just say, “I don’t know” or “I don’t recall.”

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