Depositions are part of the pre-trial discovery process and allow lawyers to question witnesses on a case and gather information before trial begins. Depositions often lead to settlement agreements being reached early.
Attorneys can raise objections during depositions that include form and relevance objections. Form objections involve wording issues in questions.
Definition
Deposition is an oral examination under oath conducted prior to trial where parties or witnesses (known as deponents) are interrogated by attorneys from both sides for questioning under oath and recorded by court reporters for later use as evidence in court proceedings.
Any individual who may possess knowledge about the facts surrounding a civil lawsuit can be deposed. Depositions do not form part of an actual trial but instead occur during discovery; that is, after filing of suit and before it goes to trial.
Your attorney will help you prepare for a deposition, but it can still be stressful to discuss personal and sensitive information in front of strangers. Furthermore, it’s crucial that you answer each attorney’s questions honestly and straight-out; while attorneys can raise objections if necessary. An attorney may ask follow-up questions; these must not be offensive but relevant to the case at hand.
Purpose
Depositions provide attorneys from both sides of a case with an opportunity to question witnesses and collect essential evidence for trial preparation. In personal injury matters, this often includes discussing injuries suffered, their causes and whether anyone may be held liable.
After taking place, deposition transcripts can be analyzed by lawyers as evidence against an opposing party to a lawsuit. Depositions can be recorded by video or audio and then transcribed by a court reporter (known as stenographer). Questions and answers for each witness will often be handled by attorneys representing both sides to the dispute and frequently include cross-examination questions for further examination by opposing counsel.
Attorneys on both sides of a case examine transcripts to bolster their client’s case or weaken that of their adversary. Your lawyer can help prepare you for what might come up in your deposition by playing “devil’s advocate”, anticipating any questions that come from opposing sides, and reviewing public profiles that could disprove or contradict what has been told in your testimony.
Procedure
Depositions are a valuable component of discovery that allow opposing attorneys to question witnesses who have agreed to provide testimony under oath, with those questions then being transcribed by a court reporter and used as evidence at trial. Depositions may take place anywhere from your lawyer’s office or even at the conference room of the court reporter.
Attorneys requesting depositions typically conduct questioning – known as “direct examination.” Other lawyers present may conduct cross-examination. Witnesses must answer each question one at a time without disagreeing or interrupting the examiner, nor argue with his/her questions or interrupt them during questioning.
Integrity during depositions is of utmost importance; even if a question seems unfair or irrelevant. You should only relay facts and refrain from providing statements which could later be used against you in court proceedings.
Recording
At a deposition, only witnesses, lawyers for both parties and an oath administrator typically attend. A court reporter or stenographer typically records proceedings, and many deposits are also videotaped.
Witnesses should keep in mind that their words will be documented exactly as they were spoken, to prevent themselves from offering information that may later prove invaluable in court or misstating facts that could impact them during trial.
Answer questions honestly and completely; if a witness doesn’t understand a question or feels they cannot respond adequately, they should let their lawyer know so a break can be taken off-record to allow time for reflection on a response. While jokes may help ease tension during depositions, their effects could potentially be misconstrued by jurors in your trial.