Depositions play an essential part in legal disputes. They provide parties an opportunity to gather facts and present their cases before ever setting foot inside a courtroom.
Depositions differ from trial testimony by being conducted outside the direct oversight of a judge and often include legal teams from both sides in addition to someone designated by law to receive statements on behalf of both parties.
Definitions
Depositions (or examinations for discovery) are an integral component of discovery in both criminal and civil lawsuits. Depositions allow both sides to gather evidence prior to trial so they are fully prepared for what might occur on the witness stand.
Depositions are informal question-and-answer interviews conducted under oath outside of court that involve witnesses in any lawsuit, from parties such as defendant and plaintiff to experts, paralegals and staff members. A legal professional or stenographer typically records answers under oath so they can later be made into written transcripts of what was said during these depositions.
Depositions can be extremely stressful and overwhelming experiences for anyone involved, particularly when discussing sensitive or personal matters. Experienced attorneys understand the role that testimony can play in winning cases, so they will assist their clients with preparing for what lies ahead; including reviewing notes, logs or calendars which might help refresh memory or provide accurate histories of events.
Purposes
Depositions are an integral component of the discovery process in any lawsuit and allow opposing counsel to interrogate witnesses sworn to tell the truth. Through depositions, attorneys can unearth vital information and prepare an effective legal strategy long before appearing before a judge in court.
Depositions involve detailed questions being posed by one attorney representing each side and recorded word-for-word by a court reporter (or stenographer). Depending on the nature of your case, video recordings may also be taken.
At a deposition, you will be asked to give your version of events that took place in a case, including what happened and who was present. It is crucial that answers given are clear and concise because their transcript can be used against you at trial. Furthermore, if something comes to your mind that changes your previous answer or questions you don’t fully comprehend should always be brought up; not only will this assist the judge or jury involved but can help both you and yourself!
Procedures
Certified court reporters or stenographers record every word spoken during depositions, often including video footage that will later be presented in trial (although this isn’t necessary in all instances). Witnesses can object at any point during questioning but this generally does not stop further questioning from proceeding.
Attorneys from both sides will pose questions during your deposition about events in the case. Expect questions such as your name, address and employment history as well as family matters such as relationships between family members as well as physical/mental medical histories of any kind.
Try to answer each question truthfully and concisely without providing unnecessary details. If a question is unclear to you, ask the examiner to clarify it for you. Remember only relay factual information – lawyers from opposing sides will use strategic questions in an attempt to obtain evidence against your credibility.
Exhibits
Courts allow parties to use documents, photographs and other evidence as exhibits during trial. Exhibits should be labeled so they are easily identified by judges, opposing counsel (if present), juries if applicable and anyone who may need access them – typically this means numbering or lettering them such as “Exhibit 1” or “Exhibit A”. To see the procedure and labeling convention in your local court.
When asked questions about an exhibit or diagram, always request to view it first so you can review and study it before responding. When answering a diagram related question, be sure to identify what items it represents as well as why you know about their representation – this way you can establish personal knowledge of its information while getting it admitted into evidence.