What’s the most common way witnesses sabotage their own deposition? Talking too much. In Florida civil litigation, the rule is simple: answer the question, then stop. This isn’t just a suggestion—it’s a proven strategy for protecting your credibility and your case. Every extra word is a potential risk, and opposing counsel is listening for anything that can be used against you.
Florida Rule of Civil Procedure 1.310 sets the framework for depositions, but the real challenge is in execution. Witnesses often feel pressure to clarify, speculate, or volunteer information. That’s where mistakes happen. Our firm has seen cases turn on a single rambling answer. The best approach is disciplined: listen carefully, answer directly, and resist the urge to elaborate unless asked. If you don’t understand a question, ask for clarification. If you don’t know the answer, say so. Never guess or fill in gaps.
Preparation is everything. Before your deposition, review the facts, understand the scope, and practice concise responses. Deadlines for scheduling depositions are governed by court rules, and missing them can impact your case. The stakes are high—depositions are often the turning point in litigation. By following the rule to answer and then stop, you protect your interests and avoid unnecessary pitfalls.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
