Depositions allow lawyers to get answers from witnesses early in a case before it goes to trial, under oath and recorded for their convenience.
Individuals asked to be deposed can feel anxious about the process. Legal professionals can ease these fears by explaining what to expect, offering tips for demeanor and dress choices, as well as anticipating areas of questioning that will likely occur.
Definition of a Deposition
Depositions are an essential element of personal injury litigation discovery. At a deposition, each side’s attorney questions a witness under oath in an out-of-court setting about their involvement in the case at hand, with court reporters recording any responses so they may be used at trial.
Depositions are an essential element of litigation as they allow both sides to assess the strengths and weaknesses of their cases. When it comes to accident cases, testimony from witnesses can make or break your claim; an insufficiently convincing testimony may cause the judge or jury to side with the defendant and dismiss your case altogether.
Strong testimony can sway jurors and help support your claim, so it is essential that you come prepared for depositions. This infographic provides some basics about depositions such as who typically attends, what occurs during one, and how to prepare.
How a Deposition is Organized
Depositions typically take place at an attorney’s office, conference room, or third-party neutral location and feature both sides’ attorneys as well as a court reporter present at all times. Questions directed toward the deponent concerning their knowledge of the case and its facts will then be put to them for answers by either written shorthand reporter (CSR), audio recording device (ADR), or video.
Preparing thoroughly is key to conducting an effective deposition. Before the deposition, it is wise to review any documents related to the case as well as identify potential questions that might be asked during it.
As part of any in-person deposition, it is also vital that you take time to review your notes carefully, particularly if they were handwritten. Doing this allows you to refresh your memory and ensure you do not overlook any critical details or information. A case management system with custom source tags can make this easy for reference during depositions.
What Happens at a Deposition
Depositions give attorneys for both sides an opportunity to understand what witnesses have to say about a case prior to trial and assess its strengths and weaknesses more efficiently.
Deponents are asked questions in an informal, private setting such as a lawyer’s office or conference room. Under oath, they must answer all questions truthfully – otherwise, they could face criminal penalties for perjury.
Attorneys question witnesses about their professional experience, event details and relevant information such as documents or other evidence they might possess.
Court reporters record depositions, making the transcripts accessible to all parties involved in a lawsuit. Sometimes errors arise in transcription or witness testimony; should this occur, using the original transcript could help impeach their testimony at trial.
How a Deposition Can Help Your Case
Depositions are used by both legal teams of both sides in an action to gather evidence before going to trial, and to assess someone’s credibility as a witness.
At your deposition, attorneys will ask questions about the facts of your case such as where and when the injury happened, medical history of any treatments plans prescribed, impact on daily activities, etc. Your attorney will assist in keeping calm during this process by helping to prepare you with questions from opposing counsel and keeping an open dialogue going between yourself and them.
Diving into your case before strangers can be daunting, which is why it’s essential that when making your deposition appearance you focus on providing only factual information without embellishing answers. A transcript will then be generated which your lawyer can review to prepare for negotiations or going to court proceedings. A strong, credible deposition will greatly increase their chances of receiving fair compensation for themselves or their loved ones.