Deposition, also referred to as an examination before trial, is a statement given under oath outside of court and attended by both legal teams as well as an authorized person who receives and records the statements given under oath.
Depositions can be long and tiresome affairs, often providing an opportunity to gather evidence and build cases before entering courtrooms.
Definition
Depositions are an integral component of discovery and provide both sides with the opportunity to learn what witnesses will testify about at trial. Depositions typically take place outside of courtroom environments such as an attorney’s office, conference room or even hotel lobby.
Depositions allow attorneys for each side to question witnesses and gather written statements from them, providing an opportunity for opposing parties to evaluate each other’s cases and plan how they will approach trial.
Depositions involve giving sworn testimony under oath before being recorded by a court reporter and used in pretrial hearings or trial as evidence against witnesses, should they become necessary. A transcript can then be used against them at either hearings or trial to contradict or discredit their testimony if necessary. Depositions can also serve to refresh witness memories before trial begins. While giving the deposition, an aggressive defense attorney may attempt to get you to tell an unfavorable story for their client and insurance company through invasion tactics like asking inaccuracy-in-accuracy questions which don’t always provide answers which provide complete answers or truthfully answers – these tactics might also allow the witness time before trial begins!
Purpose
Depositions provide an effective means of preserving testimony that may not be available at trial and leveling the playing field between opposing parties by giving both sides equal opportunities to question witnesses. A deposition’s primary function, however, is revealing facts of a case.
Depositions allow attorneys for both sides to question witnesses under oath in an out-of-court setting under oath, using court reporters who record questions and answers by nods and gestures, so verbal answers must be provided for recording purposes. Direct examination usually commences shortly thereafter by the attorney who ordered the deposition.
Your personal injury lawyer can prepare you for a deposition and assist in answering questions truthfully and succinctly in order to support your case. Remember that how you answer could influence a jury’s view of it!
Format
Depositions allow attorneys for both sides of a legal dispute to question witnesses under oath and create written transcripts from them, usually lasting no more than seven hours in total. A certified court reporter typically takes notes and creates written transcripts; video recordings may also be made, especially during COVID-19 pandemic when remote depositions were more frequently taken place. These materials will then be made available to all parties who can cite testimony by page and line in future legal documents.
Staying calm when being deposed is crucial, and only answering questions that have been presented. If something seems unclear to you, ask the examiner to clarify. Additionally, review your transcript before signing it as court reporters can sometimes make mistakes and witnesses may state inaccurate statements.
Recording
Depositions are an invaluable discovery tool that allow opposing lawyers to interrogate witnesses under oath in an attempt to force settlement or identify issues which should be pursued at trial.
Depositions often last all day and it is crucial that you keep in mind that your examiner is not your friend despite what may feel like. Answer all questions thoroughly but refrain from volunteering more information than what was requested; doing so could provide the defense with ammunition they need to win their case.
At depositions, parties, the witness’s lawyer and a court reporter usually attend. Expert witnesses or other witnesses may also be invited. It’s also important to keep in mind that everything said during a deposition will be recorded and later reduced into writing; including head nods, shrugs and nonverbal movements.