Compounds are substances composed of two or more elements in fixed ratio, such as water or table salt.
Deposition is the practice of providing testimony outside of court on an official document that can later be used as evidence in court proceedings. Depositions may be recorded with video or audio and used against individuals for trial as evidence against them.
Definition of a Deposition
Depositions are out-of-court oral statements given under oath and recorded by a court reporter, usually as part of the discovery process. A deposition can provide both parties to a lawsuit an opportunity to question witnesses who could provide important testimony at trial.
As well as giving parties an idea of the witness’ demeanor and body language during cross-examination, witness observation allows parties to gain a sense of how well he or she might manage cross-examination in court, which could play an integral part in whether or not to settle their case or take it all the way to trial.
Deposition rooms tend to be intimate affairs, with only attorneys, their clients, witnesses, court reporters and sometimes expert witnesses hired for assistance being present in one location. Persons being deposed must answer every question put before them without providing valid legal objections; however if an answer cannot be given or they don’t know it it is appropriate to state this fact.
Purpose of a Deposition
Depositions are an integral component of the legal process, enabling attorneys to glean vital information about a case prior to trial and question witnesses who can aid them in developing an effective case strategy.
Depositions involve lawyers from both sides posing questions to the person being deposed regarding their lawsuit, while a certified court reporter (sometimes referred to as stenographer) records everything said during a deposition in order to be used as evidence during trial.
Remaining calm during a deposition is crucial, as an opposing attorney may attempt to pressure you into providing answers that support their case. Therefore, always offer brief and straightforward responses with no unnecessary details, as making jokes could potentially misinterpreted on record. Only those directly involved, their attorneys, and a court reporter will be present during your deposition.
Format of a Deposition
At a deposition, attorneys on both sides will conduct oral interrogations of witnesses in an out-of-court room setting. Often the witness being deposed will be present alongside their legal representative and court reporter; sometimes paralegals, investigators and expert witnesses may also attend.
Court reporters record your responses in shorthand before transcribing them into an official transcript for all parties involved in the lawsuit. Be honest when answering all questions during your deposition; if unsure, state this and add that additional details were stored somewhere that you cannot recall now.
Depictions may fade as time goes on, which is why it is crucial to prepare for deposition by reviewing relevant documents and brainstorming potential questions that could arise from it. If an objection arises to any particular query, however, your attorney will make note of it for record purposes while still asking you to answer the query in full.
Objections to a Deposition
Deposition objections can be raised on various grounds such as form, relevance and privilege. It’s essential that you understand which are appropriate in your jurisdiction and specific case as they will depend on its circumstances.
As an example, you may object to questions that are irrelevant, solicit speculation, assume facts not in evidence or contain half-truths, or are mischaracterized testimony from witnesses.
Lastly, you may object to questions that breach privacy or attorney-client privilege. For instance, clients may not want to divulge personal information such as their health, sexuality or religious beliefs; in such instances, filing a motion for protective order prior to deposition could be the appropriate response. You could also file one if opposing counsel are harassing or offensive during depositions as this action should only be used as a last resort in extreme situations.