Depositions are formal recordings of testimony provided by witnesses involved in litigation. Deposions typically form part of the discovery process, enabling parties to examine evidence that will help determine whether to settle out of court or go to trial.
Deponents presenting depositions are called deponents and must swear under oath to speak the truth during their statements; making false statements under oath could result in both civil and criminal penalties.
Definition
Deposition is a formal out-of-court oral testimony recorded by a court reporter and used as evidence during trial. In the US, depositions are part of the discovery process in civil and criminal litigation cases; anyone with relevant knowledge about them can be asked questions under oath during a deposition. Depositions typically take place in either a conference room or attorney office with both sides present to ask any necessary questions of the person being deposed (known as “deponent”). Attorneys or paralegals from both sides may attend and pose additional queries as appropriate during depositions.
Preparing for a deposition properly is of utmost importance for deponents. They must remain truthful and avoid making wild accusations without firm evidence to back them up. Furthermore, deponents should come prepared to answer questions regarding any documents brought along with them and understand that any inconsistencies between their answers could lead to litigation proceedings against them.
Purpose
Depositions enable attorneys to put theories about their cases through rigorous scrutiny before court presentations are made. Furthermore, they help attorneys collect information from non-parties like medical experts or professionals in relevant fields; in personal injury or wrongful death lawsuits this can help assess both injuries sustained during an accident and liability of those responsible parties.
Depositions allow attorneys to use depositions as an effective tool against witnesses. By comparing their original testimony with deposition statements, attorneys can identify contradictions, errors in memory or outright lies that can have devastating ramifications for any case during trial.
Depositions are an essential part of the legal process and should not be treated lightly. They can be difficult, particularly in front of strangers; but your lawyer will explain what to expect to help ensure a comfortable atmosphere during which to discuss details regarding your accident, injuries, treatment plan, work history or personal life – as well as explain how the information gained will benefit your case.
Preparation
Depositions can be an intimidating experience for witnesses, which is why many attorneys advise their clients to practice answering questions prior to attending depositions – this practice is called witness preparation – in order to reduce anxiety and make the actual deposition more productive.
At this stage of preparation, it’s vital that you and your client go over all key facts and legal issues for their case together. In addition, reviewing any key documents written, sent or relied upon by them is extremely useful in understanding where any potential problem areas lie in relation to trial. Should there be any negative aspects, make a plan on how you’ll use these to convert them into something beneficial or neutral so they won’t compromise your position at trial.
As part of the deposition procedure, it’s also vital that clients understand where and when their deposition will take place, who will attend, why, and how it will be recorded. Your client must also understand they will be under oath during this hearing and must answer all questions truthfully.
Procedure
Depositions typically consist of just the parties to a lawsuit and their attorneys present. A court reporter transcribes and records each session; sometimes this event can even be captured on video.
If you are asked to give testimony in a deposition, be honest in answering each question without embellishment; otherwise you could face perjury charges later if your statements prove misleading or inaccurate.
As witnesses often become forgetful with time, details about an incident may fade from memory. Therefore, to stay on your toes during depositions it is wise to review any statements given to law enforcement, as well as practice your answers with either friends or attorneys so you are comfortable during depositions. Your lawyer can object to improper or irrelevant questions during a deposition; the judge will decide in either trial or motion proceedings.