Deposition (or examination for discovery in Canadian law) refers to the sworn out-of-court testimony of witnesses without a judge present, usually taking place either at an attorney’s office, hospital room, or conference call.
At your deposition, an opposing attorney may question how the accident took place or misstate facts to cast doubt on your testimony. While you can object to such questions in writing, such objections will only be noted on transcript unless overruled at trial or appeal by a judge.
Deposition is a method used by attorneys during the discovery process to gather important case information that will later be used in court proceedings. Deposions often consist of attending attorneys from both sides as well as an official officer to transcribe and prepare written reports of testimony provided during depositions. Deposing expert witnesses such as doctors, engineers or lawyers is sometimes necessary in order to clarify complex issues in litigation proceedings.
Understand that your opponent’s attorney’s goal at your deposition will be to coerce you into providing testimony that bolsters their client and undermines your position in the case. Therefore, you should prepare for it carefully with your attorney, ensuring you can effectively respond to questions from their attorney. The quality of your deposition could have an enormous effect on whether or not your case can settle out or must go to trial.
Depositions enable attorneys representing each side to evaluate a witness’s testimony prior to trial. As testimony can influence a jury and make them rule against you, it’s vital that both attorneys understand what each witness will say so as to best prepare their clients before trial day arrives.
Your attorney can help you prepare for a deposition by reviewing questions that could arise and practicing answers beforehand. They will make sure you know exactly how you should respond during the deposition, answering all the questions truthfully and in the most professional manner.
Depositions serve two primary purposes in litigation cases. First, they serve to put information about a case on record that can later be used at trial; and secondly they even out evidence since witnesses can give their testimony during depositions rather than at trials where emotions could influence them more heavily.
Depositions are part of the discovery process and allow lawyers to learn what witnesses will say at trial before it starts. They take place under oath with each side having counsel present asking questions of the witness while an official court reporter records all testimony word-for-word.
Depositions may last just a few minutes or can extend over multiple sessions with heavily involved witnesses. They are overseen by legal professionals instead of judges and typically take place in a conference room in either an attorney’s office or court reporters facility.
Your attorney will prepare you for the questions that will arise during a deposition. Be certain to answer honestly as false statements made under oath can result in civil and criminal penalties.
Deposition is an informal question-and-answer session conducted outside the courtroom under oath, which involves the person being deposed, their attorneys, an authorized officer who transcribes proceedings for later use in court, as well as someone authorized to prepare written transcripts of these proceedings for later use by judges and juries. A deposition does not take place before either.
Your attorney will enter any objections into the record in case they need them later for motions or trials. While few objections will actually stop an interrogator from proceeding with his questioning, any filed are documented so they can be used if needed later on – perhaps during motions or trials.
Know that your examiner is not on your side; their aim in taking your deposition may be to get you to reveal information that harms your case even if it’s untrue. In response, answers should be short and direct – this is your right. Also ask to see any exhibits provided to you before answering questions regarding them – that right should also be exercised if necessary.