Depositions are informal sworn statements taken out of court by lawyers representing each side in a dispute during the discovery phase as an information gathering method ahead of trial.
Depositions are an invaluable way for attorneys to prepare for trial, as they allow them to pose questions to witnesses under oath and receive answers under oath from those answering.
What is a deposition?
Deposition is an informal form of testimony held outside a courtroom setting and conducted under oath by legal representatives for both sides of a legal dispute. Lawyers for each side can question parties or witnesses regarding what they know and have seen regarding the dispute before having it recorded by a court reporter and later used at trial.
A good personal injury attorney will prepare you for a deposition by explaining its rules, the types of questions asked at depositions and any documents which might come up, the facts of your case as well as potential unfavorable testimony by opposing counsel – like trying to force you into giving testimony that hurts it at trial.
How are depositions obtained?
Depositions are an effective means of gathering evidence during litigation. Held usually outside court and organized by all attorneys involved in the case, depositions are recorded word-for-word by a court reporter who then produces a transcript afterward.
At your deposition, it is vitally important that you answer each question truthfully and completely. If unsure, seek clarification from the examiner. Taking breaks may help keep you calm during this stressful experience.
Experienced lawyers are invaluable. Your attorney will prepare you for potential questions that will arise during an examination and act as devil’s advocate if necessary, providing invaluable advice about how best to respond.
Can I refuse a deposition?
Depositions can be an invaluable way of gathering evidence before trial. A deposition can gather statements from witnesses, physical evidence and documents as well as being recorded word-for-word by a court reporter and even videotaped.
If an unwelcome third-party attends your deposition without your knowledge and consent, the appropriate action are to suspend and request that they leave; typically if that person attempts to obtain personal or confidential information or could impede testimony in your favor.
Depositions typically allow only an examiner, deponent, their respective counsel and representatives from opposing parties as well as a court reporter to attend; however some parties may wish to have family or friends present for moral support and help remember details they will be asked questions about during the deposition process.
How long does a deposition take?
Depositions can often take a considerable amount of time. Each lawyer for both sides may have various objectives they wish to fulfill during the proceedings, with information gathering being the top priority and this requiring intensive questioning from both parties involved.
Priority two for lawyers during depositions should be gathering strategic statements and facts that support their client’s case, so it’s essential that you remain honest during your deposition, rather than being coy or avoidant in answering questions.
Before your deposition begins, you will meet with your own attorney to review court rules that govern how depositions are taken; potential questions that opposing lawyers might pose to you during questioning; and documents you might need to produce during your deposition.
What is a written deposition example?
Attorneys may opt to conduct written depositions instead of oral ones in certain instances. These depositions, known as deposition on written questions (DWQs), may be useful when taking evidence or testimony that cannot be physically attended in person, or when transcripts of testimony must be produced for record keeping purposes.
At a DWQ hearing, an attorney interrogates a witness and records their answers word for word. This usually takes place in their office rather than courtroom.
At a deposition, only a few individuals will typically be present: the lawyer taking the deposition, their client (“the deponent”) being interrogated (“the interrogee”) and possibly a court reporter. You can object to any question if you believe it to be irrelevant, assumes facts not present or contains half-truths or false implications.