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Two lawyers walk into a swamp...
I guess we all make mistakes. It is indeed admonition, not admonishment; on the other hand, Diogenes, it's deponent, not dependent. Quibbles aside, if she didn't know the answer, she should have said so; a deposition is not the time for flippant responses. "I don't know," or "I'll have to look into that and fill in the blank in the transcript" are better responses than a WAG.— April 25, 2015 11:07 a.m.
Two lawyers walk into a swamp...
A typical admonishment at the outset of a deposition advises the deponent that, while she will have the opportunity to review and make changes to the transcript, any *substantive* changes -- saying the light was green instead of red, or that she was the VP for 2 years instead of 20 -- may later be commented on by the questioning attorney (i.e., at trial) as adversely affecting the deponent's credibility. Two other thoughts: First, court reporters are really good at what they do; if Cacciatore had phrased her answer as a question -- "I don't know; 20 years?" -- that is how the court reporter would have transcribed it. Second, who was the attorney defending her at her deposition? If she had phrased her answer as a question, her attorney should have jumped in, noting that she appeared to be guessing, and advising her to answer "I don't know" if she truly didn't know.— April 25, 2015 9:41 a.m.