Depositions are an integral component of litigation. Attorneys representing personal injury plaintiffs often conduct depositions of witnesses and defendants alike in order to gather essential information about the case.
Deposition is an under oath question-and-answer session recorded and transcribed by a court stenographer. While legal representation may be present at depositions, their influence will likely be reduced when compared with its influence during trials.
Definition of a Deposition
Deposition, also referred to as an examination before trial, is a formal interview between attorneys and witnesses held under oath outside of courtroom proceedings. Attorneys quiz the witness (deponent) regarding pertinent information related to their case, while attorneys create a transcript of all sessions held.
Depositions are an essential element of discovery, providing opposing counsel the chance to question witnesses before trial when it may be more difficult for them to recall details. Deponents must swear to tell the truth when testifying at their deposition; transcripts from this hearing are then made available to all parties involved in the case.
Dependent upon the circumstances of each case, depositions may be recorded or videotaped and then transcribed by a court reporter. Deponents can request some review time with their transcript before it’s used as evidence in court proceedings; court reporters record every word spoken during depositions including head nods and shakes, nonverbal gestures and non-verbal sounds like nodding and shaking heads, uh-huhs and other non-verbal expressions of interest.
Purpose of a Deposition
Depositions allow both sides of a lawsuit to gain all of the information a witness knows about their case prior to trial and assess how his/her testimony may help or hurt their respective arguments.
Attorneys typically ask witnesses a series of questions designed to establish their accounts of events and to gain a full picture of a situation. Their answers may then be included in the transcript of their deposition and used as evidence at trial.
If a question appears irrelevant or irrelevant, either you or your attorney can object. Such objections will be noted in the transcript; however, you still must answer it. Having an attorney by your side during this potentially stressful process can help keep emotions under control so that statements made are honest and truthful. They may also ask for clarification to ensure they fully comprehended it before answering.
Objections to a Deposition
When taking part in a deposition, the lawyer representing the defense can use proper objections to prevent opposing attorneys from asking inappropriate or harmful questions. Failing to object during depositions could mean future proceedings including trial could go without objection being raised against certain questions that arise during questioning.
One of the most frequently heard deposition objections is relevance. This occurs when questions stray too far from their intended context and instead serve to emotionally provoke or cast a negative light on witnesses.
Deponents have the right to withhold answers regarding confidential conversations between doctors and patients, attorneys or priests; confessions made to priests may also constitute confidential material. A common deposition objection occurs if any question asked in an offensive or intrusive way – this allows defending attorneys to stop that line of questioning altogether. These are just two common deposition objections but there may be others available as well.
Testimony at a Deposition
Depositions can be an effective tool to gather evidence and build your case strategy prior to trial. Attorneys will question witnesses about all aspects of the case to gain an in-depth understanding of their perspective and recollection; each side may cross-examine them; witnesses must answer all questions simply and truthfully during a deposition while being recorded by a court reporter for use at trial.
At a deposition, your attorney will help guide your responses so as to be more directed toward answering each individual question rather than making generalized remarks that can damage your case. They’ll also advise against nonverbal responses like nodding or shaking of the head that can be misconstrued as false testimony.
Legal depositions may take place both in person or via video conference as long as a court reporter is present to record and monitor. If either you or your attorney object to any questions asked in a deposition, these will be noted in the transcript and could later be used against either party as evidence at trial.