Attorneys taking depositions during the discovery phase of a lawsuit often conduct oral depositions under oath to gather evidence for use against their opponent in court.
As a deponent, you should always strive to tell the truth and remain completely trustworthy when testifying. Unfortunately, mistakes do happen and this article will address some common errors made by deponents as well as how to avoid them.
Definition of a Deposition
Depositions provide attorneys in lawsuits with an opportunity to conduct discovery by questioning witnesses under oath outside the courtroom and taking them under oath as part of the discovery process. Both plaintiff and defendant attorneys typically attend, with their own lawyers questioning witnesses starting with general background information before transitioning into specific questions regarding strength or weakness of each side’s cases before trial. An objecting lawyer may raise objections but witnesses must answer all valid legal inquiries except where there are valid exceptions such as privacy concerns or unrelated matters.
Answers given during a deposition are recorded through either written transcripts or audio/video recordings, becoming part of the official record of a case. Lying at a deposition could lead to perjury charges; thus it is vitally important that participants provide accurate responses in an honest manner. A deposition can later be read back to jurors at trial as testimony, or used instead if witnesses cannot attend in person.
Purposes of a Deposition
Depositions are powerful tools used by attorneys to gather facts for their cases. By hearing directly from witnesses and questioning them directly about their experiences, attorneys gain a better grasp of the case at hand. Depositions may also request documents such as police reports and medical records from various entities involved.
Witness testimony can be critical in personal injury lawsuits because it can either substantiate or refute a plaintiff’s allegations. Furthermore, testimony by credible witnesses can sway jurors toward supporting either side.
Before trial, lawyers on both sides comb through deposition transcripts in search of information they can use in their arguments. They cite page and line numbers in court filings; however, form and relevance objections raised during depositions (or by lawyers for opposing parties post deposition) could prevent attorneys from using deposition transcripts as arguments in court filings.
Common Mistakes Made by Deponents
One of the most frequent errors made by deponents is speaking too quickly, leading to unclear or confused responses that can damage their case and possibly leading them to state things that are false or inaccurate.
Err on the side of caution by allowing your attorney to pose relevant and helpful questions that will assist your case during your deposition. Attempting to impeach or challenge opposing counsel during depositions can also prove costly for both sides.
Depositions are typically transcribed and you should receive a copy of the transcript within days or so after your deposition. It’s essential that you review it thoroughly for errors, since court reporters can make errors during transcription as well as contain inaccurate statements in testimony.
At your deposition, it is best not to bring along friends or family as this could compromise its success and attorney won’t typically allow this.
Preparing for a Deposition
Depositions (or examinations for discovery) in personal injury and workers’ compensation cases provide attorneys on both sides the chance to gather crucial evidence before trial begins. Depositions allow both sides to evaluate their strengths and weaknesses as well as consider settlement possibilities, offering both parties an opportunity to assess strengths/weaknesses of their cases before considering settlement offers.
An opposing attorney may use your deposition as an opportunity to pin you down to one narrative of how the accident took place, the extent of injuries sustained, and subsequent treatment. He or she will attempt to poke holes into your testimony through improper, leading, or misleading questions.
Before your deposition, your attorney will go over the key elements of your case with you, including likely questions that will be asked of you and documents to authenticate as well as any relevant facts that might surface in court proceedings. They are also ready to deal with any objections raised either from yourself or from other parties; any raised will be noted on the transcript so they can be addressed later by court proceedings.