Plaintiffs in a personal injury case can often be intimidated by a notice that the defense wants to remove them. A deposition is a standard part of most civil lawsuits and it is important that the plaintiff remain calm about this part of the process. However, bowel movements are important; the person being removed (called a deponent) is giving sworn testimony that could potentially be seen by a jury at trial. Here are some basic suggestions to keep in mind when thinking about your bowel movement.

1. Be honest

Lying in a deposition is technically considered perjury and is a crime. While it is rare for someone to be arrested for giving a false statement, it will at least damage the credibility of the person as a witness and plaintiff. No matter how uncomfortable or harmful you think an answer will be, the truthful answer will always be the best answer for your case.

If you have reached the point in your case where the defense wants to remove you, your attorney has already examined the possible weaknesses that you and your case have. From the moment of your first consultation, your legal counsel has been evaluating how well you would present to a jury and the defense, and how credible the claims are in your case. As such, the truth helps you because it reinforces the claims you make. Any weaknesses in your case are left to your attorney to resolve; the best thing you can do to help them is answer each question honestly.

In some cases, plaintiffs are concerned because they have details about their past that make them feel ashamed or embarrassed. Testimony about completely irrelevant facts is generally excluded from being made public long before trial.

As a final note, it is perfectly acceptable not to know the answer to a question. As long as you don’t know the answer or don’t understand the question, the honest answer is “I don’t know” or “I don’t understand the question.”

2. Listen to the advice

Sometimes your lawyer may object to a question or instruct you not to answer it. In almost all cases, the safe option is to listen to your attorney when they advise you not to respond or to respond only under specific conditions. For example, in an employment case, a plaintiff may have been working for a company for a long time in many different capacities. A defense question about what job duties that person had can be incredibly open. The plaintiff may assume that the defense means at the time of termination, but the question itself requires a more comprehensive answer. If your attorney objects to the question on the basis that it is time-vague, it is an indication that you should pay more attention to the full scope of the question so that you can give the most honest and complete testimony possible.

Your legal counsel has gone through extensive depositions training and, in all likelihood, has gone through multiple depositions throughout his career. If they have explicit advice during your statement, it is almost always best to listen to them.

3. Answer only the question they ask you

Plaintiffs should remember that it is the responsibility of the depositor to ask the questions that help their case. The only obligation of the plaintiff is to answer the questions honestly and completely. He or she is under no obligation to offer information that does not answer the question being asked or to direct the opposing attorney to other questions.

For example, in a car accident case, the defense may ask the plaintiff if he was wearing a seat belt at the time of the accident. It can be tempting to respond as follows: “Yes, I always wear a seat belt in the car.” The answer that only addresses the question as asked is “Yes.” If the opposing attorney wants to discuss how often you wear your seat belt, they would do so in the follow-up questions.

To conclude, it is normal for an upcoming bowel movement to cause stress because it is an important part of your case. However, answering honestly, listening to advice, and answering only the questions asked are some of the best ways to stay calm during the process.