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Music if you don't know me already my name is Michael Burgess I'm an attorney the purpose of this video is to let you know what a deposition is and to go over some general rules for the deposition keep in mind these are just general rules each rule would I want to gear it more specifically to the fact pattern but these are general rules let me first I'll tell you what a deposition is a deposition is simply a question-and-answer session that's all it is when your deposition is being taken the opposing counsel wants to know what's going on with your case it is a question and answer session only that's it let me tell you why your deposition is being taken generally there's two reasons the first reason is they're here to make an evaluation of you as a witness here's the theory if you're a good witness and we have to take this case to trial a judge is going to like you and likely ruin your favor in which case the defense attorney is going to be more likely to want to settle your case now inversely if you're a poor witness the judge is going to dislike you likely rule against you and the defense attorney is not going to want to sell your case the defense attorney is going to want to take you to trial because they're going to think they're going to get a better outcome it's very important to be a good witness and a good witness is very easy you generally have to follow two things one be absolutely honest and two do your best to follow the rules I'm going over with you now the other reason why your deposition is being taken is they're here to get information about your case but it's important you realize that the person taking the deposition today is the defense attorney they represent the insurance company their interests are adverse to yours the reason why they're taking your deposition is they're here to get information to harm your case or information to reduce the value of your case so it's very important you realize anything you say can and will be used against you so the general rule is the less we say the better now you do have an ethical and legal obligation to do your best to answer the questions they're asking you but a deposition is not a forum for you to talk tell your story or get your side out we don't have to get the good facts down for your case here today I know those facts my office will know those facts we'll argue it in front of a trial judge if we need to like I said a deposition is not a forum for you to talk tell your story or get your side out the less you say the better it's important you realize that this is a question-and-answer session only.