Depositions (also referred to as examinations for discovery) are out-of-court testimony that is reduced into text and video format and used extensively in both civil lawsuits and some criminal prosecutions in the US.
At depositions, attorneys from opposing sides often pose strategic questions designed to gain facts or statements that can shift blame or strengthen their defense case. It is crucial that all questions be answered truthfully, simply, and to the best of your knowledge.
What is a deposition?
Depositions are part of the formal discovery process in a lawsuit, providing both sides an opportunity to gather evidence that will support or weaken their arguments and eliminate surprises at trial.
Depositions allow attorneys for both sides to question witnesses outside of court in an informal, non-courtroom setting and record their answers using a court reporter for use as evidence in court proceedings. Depositions typically last short sessions, and can take place anywhere from the lawyer’s office, the witness’ home or business location or conference rooms of hotels.
Deposition witnesses must swear an oath to tell the truth when giving testimony in depositions, just as they would when testifying in court. Therefore, preparation for depositions is key. Litigation attorney Dan Small offers insight into what exactly is entailed with depositions as well as ways witnesses can prepare themselves in order to ensure a thorough transcript afterward.
What are the benefits of a deposition?
Discovery in law provides attorneys on both sides with an opportunity to collect evidence that will either support or weaken their client’s case. Depositions play an integral part of this process and give lawyers an opportunity to question witnesses about their knowledge of a case, observations regarding what transpired, documents they’ve seen etc.
Answers provided during an examination will then be transcribed, making them available to both parties involved and permitting attorneys from both sides to assess if it will help or hurt their client’s case.
Persons deposed must answer all relevant questions even if they think it goes too far, while your attorney can object to any lines of questioning they believe go beyond reasonable limits and enter those objections into the record so a judge may rule upon them later. This can save time when reviewing a deposition transcript after it’s finished; additionally, professional deposition summaries can provide an overview of its entirety for your firm.
How can a deposition help my case?
Depositions provide both lawyers with an opportunity to assess each other’s case prior to trial, providing insight into a witness’ strengths and weaknesses as well as whether their testimony will benefit or detriment their case at trial.
Depositions also give your attorney a great opportunity to demonstrate your integrity to the other side, which could prove pivotal in convincing them of your willingness to tell the truth on the stand.
Deposing witnesses helps your attorney establish an accurate timeline of events and account of an accident, which will come in handy should another party dispute your claims of injuries and losses caused by this incident. If they can show that your accounts and histories have remained consistent throughout, it will make challenging these claims at trial much more difficult.
What are the possible consequences of a deposition?
Deposition is an opportunity to be scrutinized under oath by attorneys on both sides of your case in preparation for trial, and should not be treated lightly. Your testimony could potentially be read aloud in court and have a substantial effect on its outcome; so it’s wise to work closely with your attorney in preparation for deposition by reviewing all public information, answering anticipated questions and discussing potential negative aspects that could emerge during your testimony.
At your deposition, it is essential that you provide accurate answers. However, opposing counsel may ask questions which are inappropriate or irrelevant – if this occurs you should raise your hand and make your objection known on specific legal grounds – your lawyer will then add this objection into the record for full argument at trial.