Depositions, also referred to as an examination before trial (ETT), are an integral component of legal cases. Attorneys use depositions as an opportunity to question witnesses under oath and have their testimony transcribed for legal records.
Depositions typically take place outside of court in attorney offices or conference rooms without the presence of a judge.
Definition of a Deposition
Deposition, also referred to as an examination before trial, is an out-of-court oral testimony session which can be reduced into written transcript form. A deposition can be held with any party or witness involved in a lawsuit and often takes place at one of their attorneys’ offices.
Court reporters typically provide shorthand court reporting services and will record every question, answer and nonverbal movement during a process. Therefore it’s essential that everyone involved communicate clearly while speaking only what they mean and avoiding head nods, shrugs or non-verbals such as head nods.
At your deposition, opposing counsel will attempt to pin you down to one narrative regarding the event and your injuries through direct and cross-examination questions, while your attorney works to counter any questions which could harmed your case. Depending on its length and stress level, questioning can last anywhere between 1-4 days; depositions provide invaluable information necessary for effective litigation strategies.
Purpose of a Deposition
Depositions serve the primary function of gathering evidence in litigation proceedings. Depositions are an invaluable discovery tool that allows opposing attorneys to pose questions under oath to either party or witnesses under oath, with their answers then being transcribed for future reference. Deposions may take place either at an attorney’s office or conference room and are frequently videotaped for future use.
Depositions provide both parties the chance to assess the strengths and weaknesses of their case before trial. It is wise to have your personal injury attorney present during any deposition to help prepare testimony and defend you against untruthful attacks by opposing counsel.
Depositions serve another key function in court cases – authenticating documents and exhibits for trial use. When producing evidence that doesn’t have an author, such as pictures or handwritten notes, authenticating those documents during your deposition could significantly strengthen your credibility and even lead to a more favorable settlement for yourself.
Procedures of a Deposition
Deposition is a question and answer session recorded word for word by a court reporter, in which both attorneys for both sides and the person being deposed (the “deponent”) attend.
Deponents must testify honestly during their depositions, just as they would when testifying at trial. Depositions often last several rounds with questions and answers exchanged back and forth and may involve experts hired by each party for review of certain aspects of a case.
Depositions allow attorneys to learn more about your case by interrogating each other and you with strategic questions aimed at gathering evidence against you for trial. If unsure, or uncomfortable answering any question, an objection can be raised at any point in time.
Prior to your deposition, it is crucial that you work closely with your attorney on preparation and practice sessions so you are familiar with all possible questions asked, how best to respond, and the accuracy of transcripts. Your attorney should also review these materials to ensure the best experience.
Potential Consequences of a Deposition
At depositions, opposing parties can gain insight into each other’s cases. A witness’s testimony can either support or undermine an attorney’s case – so attorneys aim to use it effectively by asking pertinent questions during depositions.
Depositions are usually transcribed and should be carefully reviewed to make sure there were no mistakes by either you and/or the witness during their deposition. It’s essential that any discrepancies be addressed as part of preparing for trial.
New paragraph (2) authorizes courts, through an order or local rule, to set time limits and sanctions when depositions last unreasonably long or attorneys engage in tactics that prevent fair examination of witnesses – this applies even to non-party witnesses.