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Comment by keypusher | Hacker News Reader

Having been through a deposition myself, one of the most useful and crucial phrases to remember is "I don't remember". It is human nature in such situations to try and present yourself authoritatively, and to answer questions in a positive and detailed way. However, the absolute worst thing that can and often does happen is for the interviewer/lawyer to get you to elaborate on something and say you remember x or y happening, then presenting evidence to the contrary. If you don't know, or you aren't sure, or prefer not to answer the question, just say "I don't know" or "I don't remember".

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It can also be used in situations where you would incriminate yourself by telling the truth. Mr. Gates uses it in reply to the question:

> What did you mean when you asked Mr. Maritz whether or not, "We have a clear plan on what we want Apple to do to undermine Sun"?

https://www.youtube.com/watch?v=HhdDZk45HDI#t=2113

Yes, if you don't mind committing perjury.

The Fifth Amendment doesn't help you here (for those of you who think it might). You can only use that to avoid incriminating yourself criminally and, then, it does not simply permit you to give whatever answer you want. When you invoke the Fifth you have to refuse to answer the question, you can't just lie.

What does perjury have to do with claiming that you don't remember something?

Perjury is knowingly giving a false statement under oath (e.g., in a deposition). If you are asked a question in a deposition and say you don't remember the answer when you actually do, you are giving a false statement under oath.

If later it can be proven that you did really remember it and that you lied for convenience, you can be held liable for perjury.

Such proof requiring a functional MRI with integrated time-displacement capabilities?

That, or other extrinsic evidence. The easiest would be inconsistent deposition testimony (some lawyers are good at making you say what they want -- don't underestimate them), but another option would be evidence of your having done something to manifest your knowledge of the thing you claim to have forgotten soon before or after the deposition (like, e.g., sending an email).

And while perjury may be a stretch in most cases, there is also the matter of the jury's opinion of you as a witness (assuming that the case eventually goes to trial and you get confronted with your own deposition transcripts). If they think your memory seems a tad selective, then they're apt to assume that any fact you've "forgotten" is the worst possible fact for you. There are also concerns like civil/criminal contempt and other sanctions against your side in the litigation.

There is also the small matter of morality. Many of us think that you shouldn't lie in a deposition even if you can get away with it.

It can't just be "used". You're under oath during a deposition. Lying under oath is perjury.

> or prefer not to answer the question,

Depositions are sworn testimony. Even if you'd prefer not to answer the question, you have sworn to be truthful. Responding "I don't remember" to a question just because you'd prefer not to answer would violate your oath.

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