The following should not be read to a prospective witness. The lawyer should use this as an outline for points to cover in witness preparation. Not all points will apply to all witnesses. Some points may apply to depositions but not to trial. Some points may apply to trial but not to depositions.
POINTS FOR PROSPECTIVE WITNESSES
i) ALWAYS TELL THE TRUTH.
Your testimony in this deposition is the same as if given in formal court. As a witness it is your absolute duty to tell the truth to the best of your ability. Do that and let the chips fall where they may ‑‑ what effect the facts may have on the case is solely the concern of the judge or jury. Don’t be embarrassed to admit that you don’t know the answer to a question.
There is not faster way to lose a case than to get caught playing fast and loose with the truth by guessing, exaggerating, or fabricating. Many lawyers will try to convince you that they do not know the subject of the deposition in hope that you will be tempted to try to get away with something when answering.
ii) LISTEN TO THE QUESTION AND BE SURE YOU UNDERSTAND THE QUESTION.
Listen to the question. Think about what the question is asking. Think about the answer. Formulate the answer in your mind. Answer out loud.
If you don’t absolutely understand a question, ask the court reporter to read back the question or ask the examiner to explain what he means. This is especially important if the question is vague or contains value‑judgment words, such as, “Isn’t it a fact that John Jones was always open and above board in his dealings?” A question like that can cause your answer to be misleading unless you have the questioner clarify just what is meant by the question. Be particularly wary of questions containing double negatives and do not answer until you are sure you know what is being asked. Ask for the question to be rephrased or give and explanatory answer that sets forth your understanding of the question (For example, “If you are asking whether I failed to tell him, the answer is ‘no.’”).
iii) LISTEN TO OBJECTIONS MADE BY YOUR LAWYER
Understanding the objection may enable you to gave a complete and proper answer. Although your lawyer is not attempting to give you some kind of improper signal by his objections, you may still be alerted to something in the question if you listen to the objection.
iv) DON’T BE AFRAID TO TALK TO YOUR LAWYER
If you have a question or do not understand something, ask for clarification. If you think your question should not be spoken to anyone but your lawyer, ask your lawyer to confer in private, either by whispering or by stepping out of the room.
v) TAKE YOUR TIME WHEN ANSWERING A QUESTION.
Don’t answer too quickly. Think before answering so that your answer is clear. However, answer questions in a direct, straightforward manner. Give your lawyer the opportunity to make objections, if appropriate.
vi) ANSWER ONLY THE QUESTIONS ASKED. DON’T VOLUNTEER INFORMATION YOU ARE NOT ASKED.
Answer the question fully and to the best of your ability, but do not volunteer additional information beyond a complete answer to the questions asked.
For example: if you are asked if you know who wrote a memorandum, your answer would be “Yes,” but you would not go on to volunteer who the person was. The next question may be “Who wrote it,” but let the examiner ask that before you say who wrote it. Your lawyer may not have a proper objection to the question of whether you know who the author is, but may have an objection, such as privilege, as to your being asked to give the identity of the author.
In your living room you can inject comments nobody has asked you to make. In court or during a deposition you can’t. Confine your answers to what you are asked, because information you volunteer may be inadmissible evidence or may be irrelevant to the case. If you are right that the information you might want to volunteer is important, one lawyer or the other will almost certainly ask you about it.
Do not add to your already-complete answer because the examiner sits and looks at you expectantly without starting another question (as though waiting for you to finish). Simply wait for the next question.
vii) DON’T TAKE ANY PAPERS TO THE DEPOSITION OR WITNESS STAND WITHOUT CHECKING WITH YOUR LAWYER.
Papers you have in your possession at the deposition or when you are on the witness stand are subject to your having to produce them for the other lawyer to examine. Since such papers may contain privileged or otherwise sensitive information, do not take any papers with you unless you screen them with your lawyer first, in private, preferably well ahead of the deposition or testimony.
There is nothing wrong with having notes when you are testifying on deposition or at trial. They may be helpful, particularly if they contain statistics or detailed information that is hard to remember. But the opposing lawyer may look at the papers. If there is important information for you to have with you, a copy can be made for you of the essential, nonsensitive information and the remainder of the papers can remain out of your immediate possession.
viii) ANSWER OUT LOUD.
The court reporter needs an audible answer in order to transcribe your answer. A head nod or an answer of “uh-huh” cannot be transcribed to accurately reflect your answer.
ix) BE YOURSELF.
Let the lawyers do the “lawyering” and do not base your answer on what you think might be the “right” thing to say. Don’t let the examiner put words in your mouth. Use language you feel comfortable with in answering the questions.
x) DON’T ARGUE WITH THE OPPOSING ATTORNEY
Maintain a normal tone of voice. Be courteous.
xi) DON’T JOKE OR TRY TO BE FUNNY.
Opposing counsel may later argue that you did not take your oath seriously. Worse still, what may appear to be funny when said–perhaps with an inflection indicating that you are attempting to be funny–may look deadly serious when the testimony is transcribed. The humor attempted in a deposition usually disappears in the cold transcript when it is read by a judge or jury at the trial. You may also appear to be crude or cavalier about the truth or the seriousness of the case.
xii) IF YOU SEE A LAWYER STARTING TO STAND UP, WAIT FOR THE OBJECTION
If you see a lawyer starting to get up, he probably wants to object to a question you were asked. He has the right to have the judge rule on the objection before you answer. Don’t jump the gun and answer first. If the judge says, “Objection overruled,” then you may answer.
xiii) DO NOT TELL WHAT OTHER PEOPLE SAID OR WHAT YOU THINK, UNLESS YOU ARE SPECIFICALLY ASKED TO DO SO
If you are asked what someone said or what you think about something you can answer the question. But in most cases “hearsay” and opinions are improper in court. Unless you are specifically asked to tell about a conversation or to give your opinion, assume that every question calls for what you actually observed or did. Above all, don’t volunteer hearsay or opinions you are not asked to give.
xiv) YOU MAY BE ASKED ABOUT PRIOR STATEMENTS
Under the law, opposing counsel may get to see prior statements you have made to me or my associates. One group of questions may be designed to learn whether you made such statements. If you did sign a written statement, or if someone took notes while you were interviewed, there is no secret about that. On the other hand, if you are not sure, do not assume that someone was taking notes. If you are not sure whether notes were taken or whether you signed a statement, you can simply say that you can’t recall or that you don’t know, whichever is correct.
xv) DON’T BE UPSET IF THERE ARE SOME INCONSISTENCIES
Any time a person tells the same story twice, no matter how carefully, there are likely to be at least some inconsistencies. If there is an inconsistency with a prior statement you made, simply tell the best recollection you have of what happened, and if there is an explanation for the inconsistency, give it. Sometimes it may not be your mistake, but the mistake of the one who took your statement. If that is so, simply say that your recollection is that you told him something else, and you believe it’s his mistake. If your present testimony is the truth, give the best truthful explanation for any inconsistencies; for example, that you don’t know why you said something different on that occasion, but it may have been a memory lapse, or perhaps you misunderstood the question. If your present testimony is the truth, it is good to reassure the attorney that regardless of any apparent inconsistencies with what you have said on past occasions, you do know that what you are saying right now is the truth as you know it.
xvi) EVERY WITNESS MAKES MISTAKES
Do not get upset of you find that you have made one. Correct the mistake if you can do so. Talk with your lawyer first, if preferable and convenient. Any doubts should be resolved only after discussing them with your lawyer. Mistakes may be corrected when you review the deposition transcript, but let you lawyer know during the deposition, if possible, as your lawyer may want to correct the matter with a series of questions.
xvii) IF YOU GET CAUGHT IN AN INCONSISTENCY, DON’T COLLAPSE
What happens next will depend on what you are asked. If your answer now is correct and your earlier statement was incorrect, say that. If your present testimony is in error, because you misspoke, forgot the correct answer, or for some other reason, make it clear that your earlier answer was correct.
Rehabilitation (explanation of the reason for the inconsistency) is best done at trial, or at least after consultation with your lawyer; however, sometimes a prompt and simple explanation on the spot will take the sting out of the effect of the inconsistency.
When a witness is caught in an inconsistency with a prior statement, some lawyers like to ask, “Were you telling the truth then or now?” The implication is that you were lying the other time. It is perfectly proper to say, “I was doing my best to be truthful both times. I made an inadvertent mistake (or misstatement) just now (or when I made the earlier statement.)”
xviii) YOU SHOULD CORRECT, CLARIFY, OR COMPLETE ANY ANSWER THAT YOU REALIZE NEEDS CORRECTION, CLARIFICATION, OR COMPLETION AS SOON DURING YOUR TESTIMONY THAT YOU REALIZE THE NEED
Just say something to your lawyer or speak out before the next question, explaining that you want to modify your earlier answer. You will also be given a chance to read your deposition after it is typed up and correct any errors or answers that need your modification in order for the answers to be complete and correct.
xix) IF ASKED ABOUT A DOCUMENT, EXAMINE THE DOCUMENT BEFORE ANSWERING
Your examination should be as thorough as necessary according to the nature of the question. (If asked whether you have ever seen the document before, you need not read the entire document unless you really believe that is necessary, but should skim through the document as much as necessary to assure yourself whether you have seen the document before.) Be careful not to say that you have seen that document–as opposed to a copy of that document that may not be that particular copy–unless you are sure it was that copy.
If asked questions about a document that depend on your memory because the document is not available for you to examine it, only answer if you recall the document.
xx) YOU CANNOT BE ASKED LEADING QUESTIONS ON DIRECT EXAMINATION
You cannot be asked “leading” questions by me on direct examination. A leading question is one which contains a suggested answer. For example, “Were you able to see the Defendant look at the car?” is leading. It suggests the fact that the Defendant did look at the car, which may not yet be in evidence. Or, “Isn’t it a fact that. . . ?” is a leading question. Since I may not lead you, you have to remember all of the facts pertinent to every question you are asked without help from me. Take your time and be sure to answer the question completely. If I ask, “Did anything else happen at that time?” or, “Was anything else said?”, be sure you have completed your answer and you haven’t omitted a fact which you mentioned to me or my associate previously. Take your time and think back to what else may have happened which you failed to mention. Do not quickly answer “No” unless you are sure your answer is complete. But the fact that your lawyer asks if anything else was said doesn’t necessarily mean that there was.
xxi) YOU CAN REFER TO DOCUMENTS IF YOU NEED TO
It is usually more effective if you can testify from memory without looking at anything. But if you need to look at something to refresh your recollection, you may. It is entirely proper for you to ask from the witness stand, either on direct examination by me or on cross‑examination by opposing counsel, to look at a copy of your statement or notes if you believe that would refresh your recollection about some fact. If you do look at a document to refresh your recollection,the opposing attorney will have the right to look at the document before he cross‑examines you.
xxii) DON’T GUESS OR SPECULATE
If you don’t know the answer to a question, just say so (”I don’t know” or “I don’t recall.”). Everyone knows that recollections fade over time. Do not guess if you don’t actually know the answer.
If you know most of the answer, but not all of the details, you can say so. For example, if you are asked, “When did you last see John Jones?” and you know the month or year, but not the exact date, don’t say, “I can’t recall;” say that you can recall the approximate date, but not the exact date, if that is so, and state it to the best of your recollection. But never give an answer if you have no first‑hand information, unless you indicate that your answer is based on what someone else informed you or what you read in a document (you might give such an answer during a 30(b)(6) deposition where you are a designee of the corporation).
There is an important difference between a guess and an estimate. If you have a basis for making an estimate, but cannot say exactly, say that and then say what your best estimate is.
There is also an important difference between a guess and an inference or conclusion that is based on a logical connection to facts you know. For example, if there is no snow on the ground when you go to bed, but there is snow in the morning, you could properly infer or conclude that it snowed during the night. On the other hand, if you flew into an airport several hundred miles from your home and found snow on the ground when you arrived, you would have to guess when the snow had fallen.
xxiii) IN TESTIFYING ABOUT CONVERSATIONS, MAKE IT CLEAR WHETHER YOU ARE QUOTING, PARAPHRASING, OR SUMMARIZING
xxiv) NEVER CHARACTERIZE OR BOLSTER YOU OWN TESTIMONY BY SAYING “IN ALL CANDOR,” “HONESTLY,” “TO TELL THE TRUTH”
xxv) BEWARE OF ABSOLUTES, SUCH AS “ALWAYS,” “NEVER,” “COMPLETELY,” OR “ABSOLUTELY”
Sometimes using such words is necessary to give a correct and complete answer, but you should reflect carefully before answering in such absolutes.
xxvi) DO NOT ASSUME THAT LONG PAST EVENTS ARE ALWAYS DIM IN YOUR MEMORY
Some witnesses will say in answer to a question, “That was five years ago and so I can’t remember!” or, “My recollection is poor for what happened that far back”. This is usually wrong and misleading. The importance of an event is usually more important than how long ago it was in determining how well you can remember it. Charts of memory prove that most forgetting takes place within a very short time after the event. You may remember details of your special birthday party ten years ago and yet not remember what you had for breakfast two days ago. If what you saw or heard struck you as important or unusual, you can probably remember it clearly even if it was a long time ago. If that is true, and if you are asked, say so. If you don’t remember something, just say that you don’t remember. The chances are that you don’t remember it because it didn’t strike you as important at the time.
Sometimes an opposing lawyer will ask how you can remember a pertinent fact from a long time ago, but not other facts from the same time period. For example, how can you re member that the light was green, when you can’t remember what you had for breakfast on the same day, or what your spouse was wearing that afternoon? It is perfectly natural to remember important or significant events, such as the color of a traffic light immediately before a crash, longer than you remember routine or insignificant events. It may also be that you can remember a date from long ago by associating it with another event, such as a birthday of a family member on the same day.
xxvii) BEWARE OF A SUMMARY OF YOUR PRIOR TESTIMONY BY THE EXAMINER
Whatever you said on another occasion or earlier in this testimony is best determined by the transcript (”the record”). This frequently occurs when a lawyer for a second party begins examining a witness. (”Now, as I understand your testimony . . . [summarizing].” Look out!)
xxviii) DO NOT AGREE TO SUPPLY ANY DOCUMENTS, LETTERS, OR RECORDS REQUESTED BY THE EXAMINER
Simply refer any such request to your lawyer. Your lawyer will either answer the request or take it under advisement. Don’t volunteer that you have such things, but acknowledge that you do, if asked.
xxix) AVOID EVEN THE SLIGHTEST OBSCENITY, VULGARITY, PROFANITY, ETHNIC SLURS, GENDER SLURS, OR DEROGATORY PERSONAL REFERENCES
xxx) ASSUME THAT EVERYTHING IS “ON THE RECORD”
You may be questioned even conversations you have with others on breaks. You cannot say, “off the record” and thereby place your comments off the record. Consult with your lawyer about anything that you do not want “on the record.”
xxxi) IF THE EXAMINER APPEARS NOT TO UNDERSTAND YOUR BUSINESS OR TECHNOLOGY (OR ANYTHING ELSE), DO NOT ATTEMPT TO EDUCATE THE EXAMINER
xxxii) NEVER GET ANGRY
Some cross‑examiners try to get witnesses angry so that they will make an error that the cross-examiner can dramatize. When you are angry, you are least likely to do your duty as a witness, which is to give truthful and accurate answers. If a lawyer tries to anger you, remember that he has a purpose. Your best reply is to remain absolutely calm and answer the questions. Don’t try to “do battle” with the opposing lawyer. Leave the “fighting” to the lawyers. Nothing a lawyer says is evidence of anything unless it is answered affirmativelyby the witness. Remember that you are a witness; you are not on trial in the case, no matter what you may be asked. If questions are insulting, I may object, but it is much better if the witness can remain calm and handle every question without help from me. If you have made any mistakes in connection with the case or your testimony, just admit them and the suspense will be gone from the subject. If you haven’t made any mistake, you should have no problem either. If the examiner is snide, sarcastic, nasty, and rude, do not respond in kind. Instead, kill the lawyer with kindness and courtesy.
xxxiii) BEWARE OF COMPOUND QUESTIONS
If you are asked several questions rolled into one, it will usually be impossible to answer accurately unless you break them down individually. In such a case, you may say that the question really contains several separate questions which you will try to answer one by one. Or if the question is too long, you can ask the attorney to break it down and ask you the questions one at a time. (”You just asked two different questions. Which one would you like me to answer?”).
xxxiv) BEWARE OF LEADING QUESTIONS CONTAINING HALF‑TRUTHS
Witnesses are frequently asked leading questions suggesting information that is either half true or contains facts not within the witness’s knowledge. Such questions frequently sound plausible on their face, and there is a temptation to answer them “Yes” or “No” when that would not be accurate. If a question contains information that is partly true and partly false, an explanation is necessary. The explanation should be in your own words. Don’t allow a cross‑examiner to put words in your mouth. Remember that the judge or jury will draw conclusions from your answers. The lawyer is not there to engage in polite conversation. He is trying to establish facts that he thinks will help his client. It is your duty to see to it that whatever is established by your testimony is “the truth, the whole truth, and nothing but the truth!”
xxxv) BEWARE OF “YES” OR “NO” ANSWERS
Some witnesses have the notion that all questions should be answered “Yes” or “No”. That is frequently untrue. Many questions cannot be answered “Yes” or “No”, because they contain half‑truths or ambiguous phrases that can be misinterpreted later if answered “Yes” or “No”. An example is the old saw, “Do you still beat your wife?” These are questions that call for an explanation and call for a response in which you state the facts of what happened in your own words.
If the lawyer asks you to answer “Yes” or “No”, you are entitled to tell him it can’t be answered “Yes” or “No” without
the answer being misleading. If he insists, you can say, for example, that if it has to be answered “Yes” or “No”, you suppose the answer would be “No”, but that you would need to explain why. Then proceed immediately to give the explanation necessary to make your answer complete and correct. The court will not direct you to answer only “Yes” or “No”, unless the question requires that kind of answer. Nonetheless, when a question can fully and correctly be answered “yes” or “no”, it is best to limit your answer to that, and then wait for the next question.
xxxvi) “ISN’T IT A FACT?”
Be careful of questions that start, “Isn’t it a fact that. . . ?” or, “The fact is . . ., isn’t it?” These are usually leading questions containing implications that may only be partly true and that require an explanation.
xxxvii) “WHICH IS TRUE?”
Be careful of questions that start, “Which “is true, [A or B]?”. Frequently neither A nor B will be true! For example, which is true: 2 plus 2 is 8, or 2 plus 2 are 8? The answer is: “Neither; 2 plus 2 are 4.” Similarly, beware of questions like, “Was it A, or was it B?”. It may not have been either.
xxxviii) BEWARE OF EXACT DISTANCES AND TIMES
The cross examiner will frequently suggest to you distances and times of events, when you do not recall the actual time or distance precisely. Do not agree with him unless you would independently arrive at the same estimate as he gives. If you make an estimate, be sure to say that it is only an estimate.
Studies have shown that witnesses give different answer when asked “how small,” rather than “how large;” or “how slow,” rather than “how fast;” or “how short,” rather than “how long” (and vice versa). Be careful not to be misled by the characterization of the examiner.
xxxix) YOU HAVE TALKED WITH ME OR MY ASSOCIATE
There is no secret about the fact that you have talked with me or my associate and, with our help, have prepared for your appearance and testimony. Indeed, once you are on the stand there is no secret, of course, about anything you know about the case. You will be under oath to tell whatever you know in response to questions that you are asked. Some witnesses think there is something improper about talking to an attorney for a party before trial and, when asked if they talked with anyone, will answer, “No”. Naturally, the credibility of such a witness is entirely destroyed because a lawyer normally will not put a witness on the stand without talking to him first or at least don’t know whichever is correct.
However, your conversation with me may be the subject of leading questions designed to create a false impression. For example, if you are asked, “Did you discuss your testimony?”, and you say, “No”, the impression is that you didn’t talk with anyone; if you say, “Yes”, the implication is that you were told what to say. Here, as with other leading questions, state the complete pertinent facts in your own words. For example, if it is true, you might say that you talked with me and I asked you questions, and then I talked with you to see if my impression of what I knew was correct. It is always appropriate to assure the attorney that I told you to tell the truth when you testify. That instruction is contained in paragraph 1 of this document, in addition to any similar verbal instructions I have given to you.
xl) LOOK AT THE JURY OR JUDGE WHEN ANSWERING
The jury or the judge are the persons who need to hear your testimony. Try to look at them when answering the questions from the attorneys. It may help to look at the attorney asking the question to be sure you hear and understand the question, but then turn and look at the jury or judge to give your answer. If you forget this when I question you, I may point unobtrusively towards the jury or judge to remind you to speak and look towards them.
xli) USE ALL RECESSES AND BREAKS TO FOLLOW ME TO A PLACE WHERE WE CAN CONFER IN PRIVATE
Beware of talking with anyone in a rest room or a snack bar.
xlii) DON’T CHAT WITH THE OPPOSING ATTORNEY DURING OR AFTER THE TRIAL
Remember, the other attorney is our legal opponent. Be polite, but don’t let friendliness seduce you into saying things that may disclose trial strategy or confidential information.
xliii) BE CAREFUL WHERE YOU TALK WITH FRIENDS, OTHER WITNESSES, OR MEMBERS OF THE TRIAL TEAM
People around you may be allied with the opponent or may be potential or actual jurors.
xliv) YOU DON’T HAVE TO DISCUSS THE CASE WITH ANYONE.
It is possible that opposing counsel or someone on his behalf may ask to talk with you about the case. You are entirely free to do that if you want to. But you don’t have to. Whether you do or do not is entirely up to you. It is not up to me to tell you that you should or that you shouldn’t discuss the case with opposing counsel. But you should understand that you have no legal obligation to talk with anyone unless you wish to. The only time you are required to answer questions is on the witness stand on direct or cross‑examination. If opposing counsel wants to subpoena you, they can do so and you will have to answer their questions on the stand or during a deposition when my associate or I are present. Those are the only times you are required to talk.
If you do discuss the case with opposing counsel or his representative prior to taking the stand, remember that you will be asked about any claimed inconsistencies between what you say on the stand and what counsel may believe you told him. You will not have a stenographic transcript to establish what you said or did not say. Even if you choose to talk with someone about the case, you have the right to refuse to allow the conversation to be tape recorded, if you prefer that it not be. In the event, of course, that you are subjected to any threats or pressure, you should contact me or the judge immediately. Should that happen, try to write down exactly what was said to you as soon after the event as you can.
xlv) YOU MAY BE INTERRUPTED.
When you explain an answer, you may often be interrupted by the cross‑examiner, who will start the next question. Let him finish his next question, but then bring him back to your unfinished answer by saying firmly but courteously that before you answer the question he just asked, you want to finish your answer to his last question, because he interrupted you before you had finished your answer. This is very important because the cross‑examiner may try to stop you before you have given the second part of the answer that explains and interprets the first part of the answer. You have to say whether you were finished, because I may not know if you were through or not. However, do not get angry or sarcastic; remain as polite as you can, even though the attorney may be very rude. Treating him with kindness and patience is the best defense to rudeness.
xlvi) LOOK AT THE JURY OR JUDGE WHEN ANSWERING.
The jury or the judge are the persons who need to hear your testimony. Try to look at them when answering the questions from the attorneys. It may help to look at the attorney asking the question to be sure you hear and understand the question, but then turn and look at the jury or judge to give your answer. If you forget this when I question you, I may point unobtrusively towards the jury or judge to remind you to speak and look towards them.
xlvii) REMAIN DIGNIFIED AT ALL TIMES
As a witness, it is your duty to remain dignified on the stand at all times. While testifying, do not chew gum or have things in your hands which you may have brought with you, other than necessary records. Wear appropriate, subdued clothing. Never wisecrack in answer to a question or try to make fun of the cross‑examiner. He has the right to ask questions and have them answered in a serious manner. Do not answer a question with another question unless it is to ask the cross‑examiner to clarify what he is asking. Answers such as, “How am I supposed to remember?” or, “What would you have done?”, are improper.
xlviii) YOU ARE PERFORMING AN IMPORTANT PUBLIC SERVICE
By testifying, you are performing an important service and fulfilling an important duty as a citizen. The length of time other witnesses will take is largely beyond my control as it depends on the length of cross‑examination. Some witnesses look on testifying as an unnecessary inconvenience. This is wrong, because if we wish to have the benefits of a just legal system, when we are called as witnesses we must help the jury and judge to establish the facts. Even if your knowledge seems small, it may form a crucial piece of the larger puzzle of the trial, that must be established for the case to be decided properly. You should look on the duty to testify as an opportunity to play a significant part in an important function of our form of government, rather than an annoying inconvenience.
xlix) SAFE HARBORS TO REMEMBER:
There are certain answers or techniques that are helpful to keep in mind for those situations when you feel put on the spot by a question or subject. Think of these as safe harbors that can help you weather the storm. Most are common sense and logical.
a. “I don’t know.”
- b. “I don’t remember.”
- c. “I would like to see the document before answering.” (Might be an expert report, or a deposition passage being read to you, or a declaration you signed at some time in the past.)
- d. “That is outside my area of expertise.” (For experts.)
- e. “I was not asked to offer an opinion on that and am not prepared to do so without proper preparation and study.” (And, if pressed, “I don’t know exactly what I might need to read or do, or with who I might need to talk. That would require study and reflection.”) (For experts.)
- f. “It depends.”
- g. “In what context?”
- h. “In what time period?”