DEPOSITION – GENERAL INSTRUCTIONS

1. Deposition process and purpose including:

a. Persons expected to attend; and

b. Court reporter taking down all your testimony

c. Booklet of your testimony to review, make changes and sign

2. Address those attending deposition by formal names, and otherwise behave as if in

courtroom.

3. Remain calm and businesslike, regardless of examining counsel's behavior. MTA counsel
will object to any improper behavior.

4. Examining counsel may interrupt an answer; don’t’ control if interrupted.

5. Do not use your hands or otherwise "draw pictures" that cannot be accurately reflected in
transcript.

6. Do not use technical slang or imprecise terminology, which could be misunderstood when
transcript is used at trial months or years after deposition took place.

7. Tell the truth.

8. You must have personal knowledge of matters to which testifying; it is not acceptable to
"guess" at an answer, but an "estimate" or a range based on what you observed is
appropriate; e.g., the red car was 40 to 60 feet from the intersection.

9. Items to bring to deposition.

10. Counsel for MTA may object to a question. Delay your answer to allow time for objections
and any instruction not to answer.

11. May take a break at any time but not in the middle of your answer.

12. Advise MTA counsel if you want to enlarge or correct answer.

13. If deposition will be video recorded be mindful of any mannerisms or habits that could mar
your performance.

HOW TO RESPOND
How to Respond, in General
1. Listen carefully to the question.

2. Wait until question is completed before you answer.

3. Answer question carefully, if it is understood; if it is confusing, ask the examiner to
rephrase the question.
4. Give shortest possible answer, e.g., "yes," "no," or "I don't know," if they are fair and
accurate answers.

5. DO NOT volunteer any information, but give an explanation if question requires one.
6. If you don’t know the answer simply say so - no one is required to answer a question
unless he or she has personal knowledge of the facts and can provide an accurate
answer.

7. Answer based on your personal knowledge of the facts. Do not offer estimates or opinions
unless there is good reason.

8. Sometimes examining counsel's questions may really be statements or arguments. Do not

respond in that situation, and wait for MTA’s counsel to object.

9. If the question contains mistakes or incorrect premises, you should say so politely.

10. If a question cannot be answered without qualifications, you should begin answer by
saying so and wait for examining counsel to qualify question.