Depositions (or examinations for discovery in Canada) involve out-of-court testimony that is recorded by a court reporter, with both attorneys reviewing and analyzing its transcript for impact in their respective cases.
At all times, remember that you are being interrogated under oath, and any false statements can be used against you at trial. Avoid guessing at answers; rather say either “I don’t remember” or “I am uncertain.”
Definition
Deposition is a sworn oral testimony conducted outside of court that allows both attorneys to gather evidence in support or opposition of their cases at trial. Depositions can take place anywhere, such as lawyers’ offices, hotel conference rooms or even witnesses’ homes and offices. Depositions are recorded by court reporters for future use in lawsuits.
Examiners often inquire into any subject related to legal disputes such as your education, work history and personal relationships – often going far beyond what is necessary. They may pose very personal inquiries.
Your attorney can accompany you to your deposition hearing and provide guidance as you prepare. They can review any relevant documents and create strategies to answer the examiner’s questions effectively, as well as advise against saying anything that can be used against you later in the case.
Purposes
Depositions allow attorneys to gain insight into the knowledge base of parties or witnesses prior to trial, which can save time in courtroom and avoid surprises. Depositions are legally binding testimony that can even be used against witnesses at trial if necessary.
Depositions take place during the discovery phase of any lawsuit when lawyers gather evidence. Parties exchange information which could help determine their strength of case and push it towards settlement or trial.
Opposing counsel will often use depositions as an opportunity to assess how you will present in front of a jury. When giving testimony at deposition, always remain truthful – lying can only hurt your case further! Your attorney will review any perceived weaknesses with you prior to your deposition date and the transcript may even be made available later for your review.
Procedures
Depositions allow attorneys to evaluate each other’s witnesses. An experienced lawyer can use depositions as an opportunity to develop strategies for using or attacking witnesses during trial, with witness testimony often playing an integral role in shaping judges and juries decisions.
At a deposition, it is crucial to remain composed and answer questions truthfully and without volunteering information that has not been requested of you. If a question does not make sense to you, politely request that the examiner rephrase it.
Objection are permitted to questions, including form and relevancy objections. Form objections focus on the wording of questions while relevancy objections examine whether information provided is necessary for the case. The new procedure should help prevent “bandying,” where officers or managing agents of an organization are deposed in turn and repeatedly deny knowledge of facts known by other members in their organization – an often encountered occurrence during litigation proceedings.
Objections
Depositions involve lawyers from opposing sides interrogating witnesses. When this becomes confusing or misleading, defense attorneys may use objections based on form, relevance and privilege as tools of protection for their witness.
Form objections involve concerns with the wording of a question. For example, an ambiguous or compound question (comprising several separate queries phrased together) could raise form objections; oftentimes the lawyer who poses the inquiry can remedy this by reframing their inquiry in order to overcome any objections raised against its wording.
Attorneys may also raise relevancy or privilege objections when questions are irrelevant or might provoke their clients emotionally, as well as to protect against self-incrimination or maintain doctor-patient confidentiality.