Depositions are an integral part of discovery that allow opposing lawyers to question an sworn witness about specific details in a case and avoid surprises at trial.
Depositions typically take place outside of court with the deponent, their attorney, and a certified court reporter present. Witnesses may also be assisted by paralegals or investigators.
Definition
Deposition is the official testimony given under oath before trial, usually held outside of court at attorneys’ offices and outside of any judge’s presence. Attorneys for both sides ask questions while an onsite court reporter records each response given during a deposition. The judge does not attend.
Depositions are part of the formal discovery process in a lawsuit and allow lawyers to learn what witnesses or experts involved know about the facts and circumstances of a legal dispute. This information assists both sides in their preparations for trial, as well as eliminate surprises at the actual hearing itself.
At your deposition, it is your responsibility to give honest answers to an attorney’s questions. Otherwise, you risk contempt of court and sanctions such as fines or imprisonment. A lawyer will assist in devising strategies for answering each question best at the deposition. They may also review your public information and social media accounts to identify any potentially problematic areas that might come up during your deposition.
Purpose
Depositions are part of the discovery process during a lawsuit, designed to gather information that both sides can use in their arguments in court. Each side looks for facts that support or undermine their arguments.
Depositions allow attorneys for both sides to question an individual who knows about the facts of a case out-of-court under oath – known as a witness – under oath under oath, typically under oath and under oath under oath and with the witness present (attending with their attorney and sometimes videotaped as well), typically transcribing and sometimes videotaping it for transcript or videotaping purposes, typically being attended by them, their attorney, court reporter as well as court reporter(s). A subpoena could require someone attending deposition as well unless agreed upon between both parties involved (deposition of course).
Depositions serve to get an idea of what witnesses will say at trial, providing attorneys with an invaluable way to prepare witnesses before trial begins. They give attorneys insight into their client’s testimony while simultaneously giving opposing counsel an opportunity to look out for anything that may weaken his case, such as inconsistent statements or evidence presented during depositions.
Procedure
Deposition is an informal oral question and answer session between parties involved in litigation (the “deponent”) under oath, with attorneys for both sides asking questions of them under oath. A stenographic reporter records all questions and responses; once finished a written transcript of their testimony is produced afterward.
Most jurisdictions allow parties to preserve witness testimony by taking depositions of them prior to trial. If an unwilling witness refuses, their presence can be forced through subpoena and forced participation forced.
At your deposition, opposing counsel will try to extract one particular narrative about an incident from you. Your attorney can advise on which types of questions will arise during this process and how you should best respond. It is wise not to volunteer information or explanations that were unsolicited during depositions; speaking too freely may also confuse court reporters.
Recording
Depositions are often recorded using video cameras or digital recording systems to eliminate the need for court reporters and reduce costs.
Video can provide a greater glimpse into attitude, intonation, body language, and witness response time compared to written transcripts. Furthermore, viewers can watch witnesses for any sign that they might have misspoke words or hesitated when responding to a question; this helps demonstrate whether they lied or were confused in answering it.
While audio depositions can be recorded on your own, professional videographers with experience are recommended. Their experience will make the recording much simpler and more effective for trial preparation. Furthermore, these professionals often come equipped with software such as DepoView or TrialDirector that makes playing back synchronized videos and transcripts in court or settlement conferences easier – essential when accurately presenting evidence at trial.