Legal Definitions - evasive answer

An evasive answer is a response that avoids directly addressing the question asked. Instead of providing a clear, straightforward reply, an evasive answer might be vague, ambiguous, incomplete, or redirect the focus without offering the specific information requested. In legal proceedings, such as trials, depositions, or written interrogatories, evasive answers can hinder the discovery of facts and may be challenged by the opposing party or the court.

Here are some examples illustrating an evasive answer:

• Example 1: Witness Testimony in Court

  During a trial, a prosecutor asks a witness, "Did you see the defendant take the item from the store shelf?" The witness responds, "I was looking in that general direction, and there were many people in the aisle at the time. It was quite busy, and things were moving quickly."

  Explanation: The witness avoids directly answering "yes" or "no" to whether they saw the defendant take the item. Instead, they describe the general scene and their observation point, which does not provide the specific information requested by the question.

• Example 2: Responding to Written Interrogatories

  In a civil lawsuit, one party sends written questions (interrogatories) to the other. One question asks, "Please list all individuals present at the meeting on October 15, 2022, where the contract was discussed." The responding party writes, "Various individuals involved in the project were present at meetings where the contract was discussed around that time."

  Explanation: The answer is evasive because it fails to provide a specific list of "all individuals" for the "meeting on October 15, 2022." It uses vague terms like "various individuals" and "around that time," thereby avoiding a direct and complete response to the precise question.

• Example 3: During a Deposition

  During a deposition, an attorney asks a deponent, "How many times did you communicate with the plaintiff's representative regarding the outstanding payment before the lawsuit was filed?" The deponent replies, "We had several communications about the payment. It was a recurring topic of discussion."

  Explanation: The deponent uses the term "several" instead of providing a specific number of communications. While acknowledging discussions occurred, the answer avoids directly stating "how many times," which was the core of the question, making it evasive.