Kanye West's Deposition Goes South: Why Celebrities Should Follow the Rules of Depositions | Practical Law

Kanye West's Deposition Goes South: Why Celebrities Should Follow the Rules of Depositions | Practical Law

Music mogul Kanye West's recent deposition testimony in a civil case against him underscores the importance of witnesses understanding and following the rules of depositions.

Kanye West's Deposition Goes South: Why Celebrities Should Follow the Rules of Depositions

by Practical Law Litigation
Law stated as of 21 Aug 2014 • USA (National/Federal)
Music mogul Kanye West's recent deposition testimony in a civil case against him underscores the importance of witnesses understanding and following the rules of depositions.
Hip-hop artist Kanye West is the latest celebrity to make headlines for his haughty deposition testimony and demeanor. Just a few months ago, Canadian pop star Justin Bieber gave a cringeworthy deposition during which the teen cursed at the court reporter, winked at the camera and argued with the deposing attorney, among other things. As with Bieber's deposition testimony, celebrity news outlet TMZ.com obtained and released excerpts of West's deposition transcript on its website.

West's Testimony

West was recently deposed in a civil lawsuit by a photographer who accused West of assaulting him in July 2013 at Los Angeles International Airport. TMZ.com reported that at his deposition, West:
  • Gave long and rambling answers to questions. For example, he:
    • testified that he is smarter than Britney Spears; and
    • compared his problems with the paparazzi to the civil rights struggles of the 1960s.
  • Peppered his testimony with curse words.
  • Insulted the deposing attorney's profession and called his client "scum."
  • Asked the deposing attorney questions.
  • Sarcastically testified that he resides "on Earth."
That West's deposition testimony has been widely quoted and mocked by news outlets during a civil case in which he is being sued for damages is probably not a positive development in his case. West could have avoided all of these deposition missteps had he followed the rules of depositions.

The Rules of Depositions

A critical part of deposition preparation is meeting with the witness and explaining and reviewing the rules, which include:
  • Short answers are best. The witness should give short answers to questions and should not volunteer any unnecessary information. If a question can be answered truthfully with a "yes" or "no," it should be.
  • Pause after each question. A witness should pause briefly after each question to formulate a short, truthful answer and to give his attorney an opportunity to object.
  • Remain composed and professional. The witness should be on his best behavior and defer to his attorney to object when appropriate.
  • Do not answer unclear questions. If the witness thinks that the question is unclear or confusing, he should ask the deposing attorney to rephrase it.
  • Do not make jokes. Jokes and sarcasm in witness testimony look especially bad in a written transcript.

The Benefits of Following the Rules

A witness who follows the rules of depositions decreases the likelihood of giving damaging testimony that is later quoted:
  • In the adversary's summary judgment motion.
  • In another court filing.
  • On TMZ.com.
Additionally, a witness who follows the rules is often deposed for a shorter period of time than witnesses who do not follow the rules and may give testimony that is helpful during settlement discussions, in motion practice or at trial.
For the complete list of rules that every witness should follow in a deposition, see Deposition Rules for Witnesses Checklist.
For additional resources to assist counsel in preparing himself and the witness for a deposition, see these Practice Notes: