Morro Bay, CA asked in Personal Injury for California

Q: Should I change my deposition if I said I graduated college and I didn’t? I’m a non-party witness in a personal injury

I was just deposed two days ago, I will be able to correct it. I’m just unsure if it’s more trouble than it’s worth.

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4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: discuss this with the lawyer with whom you relate, in order to get his/her position.

a lawyer does not want to get caught with their pants down...

if your lying about this, what else are you lying about?.............will be the argument.

Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: If you don't change it and you are caught it looks like an intentional misrepresentation. If you serve an errata sheet then you'll be asked why you said you graduated from college when you didn't. It's better to be called out after correcting an error than after a misrepresentation.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: In 30 days you should be able to review your testimony and make any changes. I would suggest making the change and then you have nothing to be worried about. You can state you were a little confused when you answered it and didn't mean to misrepresent (if that is a true statement). If your credibility comes into play because of a dispute in who caused the accident then you could become relevant in the case.

Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Sebastopol, CA
  • Licensed in California

A: Yes, you need to ensure your testimony under oath is 100% accurate. Make the correction.

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