Can I Refuse to Answer Questions During a Deposition?
If you’re involved in a personal injury case or car accident lawsuit, you may be asked to participate in a deposition. A deposition is a formal legal proceeding held under oath where attorneys from both sides ask questions to gather information about the case. Naturally, many people wonder: “Can I refuse to answer questions during a deposition?”
The Risks of Refusing to Answer
Refusing to answer questions in a deposition can have serious consequences:
Contempt of Court: A court may hold you in contempt if you refuse to comply with deposition rules. This can lead to fines or other penalties.
Case Dismissal: If you fail to show up for your deposition without a valid reason, the court could dismiss your case for want of prosecution.
Legal Liability: Lying under oath during a deposition is considered perjury, which is a criminal offense.
Because of these risks, it’s crucial to take depositions seriously and work closely with your attorney.
When You Can Legally Refuse to Answer
Not every question asked during a deposition must be answered. Some examples of questions you might legally refuse to answer include:
Questions Outside the Scope of Discovery: If the question is not relevant to your case, your attorney can object.
Harassing or Invasive Questions: Questions that are meant to intimidate or embarrass you can be challenged.
Privileged Information: Certain communications, like those with your attorney or doctor, may be protected under attorney-client privilege or self-incrimination privillege.
Your attorney will guide you in real-time during the deposition on when it’s appropriate to refuse or object to a question.
Tips for Handling a Deposition
Prepare in Advance: Review your case facts with your attorney so you can answer clearly and accurately.
Listen Carefully: Make sure you fully understand each question before responding.
Answer Only What’s Asked: Avoid volunteering extra information that isn’t directly requested.
Follow Your Attorney’s Instructions: If your attorney instructs you not to answer, follow their guidance.
Takeaway
You generally cannot refuse to answer every question during a deposition, as doing so can put your case at risk. However, with the guidance of an experienced attorney, you can navigate questions properly, protect your rights, and avoid jeopardizing your case.
