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Depositions are statements taken under oath during the discovery process of a lawsuit, usually conducted outside of court and overseen by attorneys.
Definition
Deposition is an investigative proceeding conducted outside of court with the aid of a court reporter, designed to obtain information for use during discovery proceedings. Lawyers on both sides can use depositions as part of this process to question witnesses who can’t testify during trials directly and record their answers through this medium. Often used when necessary.
Lawyers can utilize deposition transcripts to prepare themselves and examine how well the other side has constructed its case. This may reveal unexpected surprises during trial proceedings, such as when testimony given contradicts what witnesses stated at depositions, or they admit something they will not reveal at trial.
Attorneys may object to specific questions during depositions for either form or relevance reasons. A form objection involves how a question is worded while relevance objections question how relevant certain topics are to their case.
Purpose
Depositions allow attorneys involved in a lawsuit to question witnesses under oath in order to gain more insight into their case, levelling the playing field between both sides and reducing surprises at trial.
Court reporters take notes during depositions and create written transcripts from them, often held outside the courtroom and featuring both deponents (witnesses) as well as attorneys from both sides, third-party witnesses, and possible expert witnesses.
Depositions are conducted under oath, meaning any false statements could result in civil and criminal penalties. Therefore, witnesses should take their depositions seriously and prepare carefully prior to interview with attorneys who are questioning them. Volunteering information or engaging in arguments are neither recommended nor allowed during depositions – however if either side believes a question is improper or irrelevant they can object on record.
Procedure
Depositions are an invaluable tool in civil litigation and part of the discovery process, providing opposing attorneys an opportunity to question witnesses under oath under an affidavit, with written transcripts often serving as the foundation of settlement negotiations and court cases.
Depositions take place outside of courtroom, with legal teams from all parties present and an authorized individual authorized to receive sworn statements. Often the attorney representing their client begins questioning (known as direct examination), before other lawyers take turns asking questions and cross-examining.
At depositions, either party can object to any question that should not be used as trial evidence and state their reasoning in their objection. A judge will make their ruling following an adjournment hearing; these objections can sometimes delay proceedings by several months or years.
Requirements
Deposition is an out-of-court examination conducted under oath to gather information for a case, level the playing field between opposing parties before trial begins, and prepare both parties for what lies ahead. They are commonly utilized in personal injury lawsuits.
At any deposition scheduled, it is vital that those present be ready to respond calmly and thoughtfully when answering questions from lawyers. While lawyers may pose strategic inquiries to gather facts or statements which strengthen their client’s case, individuals must remember they are under oath and may face perjury charges should they lie during the deposition.
Depositions typically consist of the deponent, their attorneys and a court reporter present. Sometimes paralegals, investigators and expert witnesses may also attend depending on the complexity of the case. A court reporter will transcribe proceedings of each deposition into written transcript admissible in court proceedings.