Depositions are question-and-answer sessions wherein both sides’ lawyers question you about your case under oath, typically at their respective attorney offices or conference rooms.
Attorneys rely on depositions to help anticipate what witnesses will say on the stand at trial and utilize this data as part of their argument for a case.
Preparation
Legal teams utilize depositions as part of the discovery process in civil or criminal litigation in both the U.S. and Canada, interviewing witnesses and parties in order to gather evidence needed for trial preparation purposes. Depositions often become part of this phase before trial begins.
Prior to your scheduled deposition session, it’s crucial that you and your attorney discuss key facts of your case, in order to be ready for any questions posed during it. Being prepared can make for a smooth experience if issues involving documents you created, sent or relied upon arise during questioning.
Be ready to answer questions regarding your experience with the incident and any injuries sustained, such as intensity of pain (stabbing, throbbing or burning) as well as key medical data such as length of absence from work and treatment plans. Answer only what questions are put before you and keep answers short and precise so they may be used against you at trial. Remember your answers can be used against you!
Transcripts
Deposition transcripts provide an exact record of witness testimony during legal proceedings. Court reporters work diligently to make sure their deposition transcript accurately records every word spoken during deposition proceedings.
Deposition transcripts differ from trial oral examinations by including objections raised against questions asked by opposing counsel or parties involved in the case, though still providing an official record of what actually transpired at a deposition.
Reviewing a deposition transcript carefully for transcription errors and witnesses who contradict their testimony at trial (e.g., saying they were black but testifying as blue). Both parties can use deposition transcripts at trial to impeach witnesses while providing attorneys an opportunity to build a logical and compelling story of events that unfolds during their case.
Cross-examination
Depositions serve to even out the playing field between parties during discovery. Depositions can be particularly helpful in personal injury and medical malpractice claims, and product liability cases.
At a deposition, an opposing attorney may pose questions designed to induce you into giving testimony that supports their case – but one which may not reflect accurately on your injuries or treatment. It’s essential that witnesses remain calm throughout.
Avoid providing irrelevant or confusing information and using complex language that could be misconstrued by the court reporter. Remember, they’ll record everything – head nods and shakes, uh-huh’s and other noises are recorded by the court reporter for review later. If unsure of any questions asked of you or need answers for them from your attorney. If something seems off topic they can object and enter their objections into the record for further discussion at trial.
Hearings
Depositions are recorded verbatim by a court reporter or videographer and can be used at trial, motions filed within the case, or to help resolve it. Both attorneys for both sides attend depositions to give testimony.
Attorneys then begin direct examination with their deponent, who must answer honestly even if it hurts their case. Cross examination allows opposing parties to pose additional queries and the deponent can object at any point throughout a deposition session if any question becomes inappropriate – although usually that won’t stop further questioning from happening.
Becoming well prepared for your deposition is of utmost importance. Your lawyer will discuss everything from how it is conducted and questions asked during it to documents that might be presented and guidance on how best to answer questions during it.