Depositions (also referred to as examinations for discovery) are part of civil law litigation that allow attorneys to interrogate witnesses and parties outside of court without appearing before a judge or jury. All questions and answers must be given under oath while testimony will be recorded by a court reporter.
Deposing is usually performed before all interested parties present, including attorneys representing each side and someone qualified to administer oaths, with audio/video recording taking place simultaneously.
Definition of a Deposition
Deposition is an informal question-and-answer session held outside of court during the discovery process, where witnesses, known as deponents, are interrogated under oath by attorneys for both sides. Once complete, this information is then transcribed by a court reporter for use at trial.
Depositions usually take place at one of the attorneys involved in a lawsuit; they can also take place via video conference. As each deposition is held under oath, all testimony must be given truthfully and impartially.
Keep in mind that your opponent’s attorney may attempt to gather facts or statements during your deposition that could shift blame away from you to their client. Therefore, it’s wise to refrain from providing opinions at this stage and only speak about facts asked for – you will likely need an experienced lawyer by your side during this difficult process.
Purposes of a Deposition
Depositions serve the primary purpose of gathering facts that will assist both sides in their preparation for trial. Lawyers for both parties can question witnesses under oath about any topic related to their case; all information gleaned is recorded by a court reporter and presented as written transcript at trial.
Depositions often take place before trials start, giving both attorneys an opportunity to assess each other’s cases before trial begins and, potentially leading to more favorable settlement negotiations.
Your personal injury attorney will work with you to prepare you for a deposition and can provide a list of questions they anticipate being asked during it. While it can be nerve-wracking and embarrassing to discuss personal matters in front of strangers, remember that statements made under oath could have serious legal repercussions and make sure not to lie during it.
Preparation for a Deposition
Depositions are part of the discovery process and usually occur during pre-trial proceedings in an attorney’s office instead of courtrooms. Lawyers then question witnesses under oath in order to gather facts that might influence their case’s outcome.
Many individuals look forward to going to their deposition, believing it will be their “day in court.” Unfortunately, however, depositions do not give people the chance to state their side of the story; rather they serve as an important tool for opposing counsel to use to prepare your case for trial.
Prior to your deposition, it is a good idea to review any documents relevant to your case – such as police reports in traffic accident cases, interrogatory responses or court filings – in order to refresh your memory so you can answer questions accurately regarding what occurred during an incident. Your attorney should also go over questions with you in order to prepare you for what awaits on deposition day.
Taking a Deposition
Depositions provide attorneys with an opportunity to ask you strategic questions in order to gather facts or statements they can use against you or defend their client. Therefore, it’s essential that you remain calm during a deposition and only answer those which have been asked of you; do not share opinions or speculate.
At a deposition, typically only the person being deposed, their attorney and court reporter are present; occasionally additional parties like paralegals, investigators and expert witnesses may join as well. Questions will typically be administered under oath similar to testifying in court.
As it can be uncomfortable and daunting to talk about your accident, injuries, or personal matters in front of strangers, having an attorney prepare you for questions asked during a deposition can help ease anxiety. Your lawyer can even practice with you before the deposition begins so you feel at ease answering questions related to your experience.