Deposition is a sworn oral testimony regarding case-related facts taken place outside of court before trial. Usually it involves attorneys for both sides as well as the person being interrogated under oath and an authorized witness or court reporter who will transcribe it for use later.
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Definition of a Deposition
Deposition is the term given to testimony given under oath prior to trial, often by both sides in a dispute, before trial commences. Lawyers from each side ask questions of the deponent, while answers provided may be recorded by court reporters for later use at trial. Depositions often form part of the discovery process in personal injury claims.
At depositions, attorneys involved in the case are free to pose any question relevant to its facts. Witnesses known as deponents must swear an oath during depositions and may face both civil and criminal penalties if making false statements.
Under certain limited circumstances, witnesses can be instructed by their attorneys not to answer a particular question when such information falls within attorney-client privilege or work product privilege. Deponents are bound by an oath to answer all inquiries truthfully.
What is a Deposition?
Depositions are a crucial element of discovery. Depositions are oral examinations held outside of court and before trial – typically at an attorney’s office – that allow lawyers to learn about what witnesses will testify at trial and decide if that testimony can be used as part of their argument.
At a deposition, lawyers from both sides will pose questions to a witness (the “deponent”) and expect honest responses from them. Any attempt at lying during a deposition could incur severe civil and/or criminal penalties.
Attorneys conducting depositions will give witnesses enough notice that they will be subject to questioning, as well as when and where their deposition will be taking place. Furthermore, witnesses are informed of their responsibility to tell the truth under oath.
How is a Deposition Organized?
Depositions are question-and-answer sessions conducted outside the courtroom under oath, usually attended by at least two attorneys and their clients, plus a court reporter. A deposition can provide valuable new evidence that could support or undermine your case whether in summary judgment proceedings or trials.
Your attorney will prepare you for a deposition by explaining what may occur during the process and how best to respond to specific questions. Always relay factual information without giving opinions or expanding on specific matters raised during depositions.
Your attorney will use discovery rules to request any documents which the other side might want to review during your deposition, as well as providing three different kinds of deposition summaries: chronological, page-line and topical.
Can I Refuse a Deposition?
By and large, it is expected that deponents must respond to every question asked during depositions; however, in cases of irrelevant questions or those which could reveal confidential data you can refuse answering those which seem unnecessary or violate privacy rights. When this occurs the prosecuting attorney must explain why their question is relevant or necessary.
At a deposition, it is crucial that you remain calm and avoid becoming defensive, as opposing lawyers may attempt to pressure you into providing weak answers. Furthermore, any questions which violate your right to privacy – for instance regarding health, sex or religion should not be responded to.
Additionally, any objections you raise during a deposition should be kept to a minimum as they can extend the process and waste money. You may wish to request that the court suspend it if it becomes excessively drawn-out or your attorney raises distracting objections that slow it down further.
What Should I Expect at a Deposition?
Depositions typically occur outside of court and without the presence of a judge. You will be asked questions related to the facts of the case during your deposition; your attorney can provide general guidance in preparation; but ultimately it’s your responsibility to be attentive during it.
Your deposition may include documents marked as exhibits. Attorneys will pose questions regarding these exhibits, so make sure you read each one thoroughly before responding to any related queries.
Attorneys may also ask you questions regarding your opinions and beliefs regarding the case, which could be used against you during trial. Therefore, it is crucial that you answer these queries honestly and truthfully.