Depositions allow lawyers to interview witnesses outside of court and can play an essential role in discovery – often having an effectful effect on trial outcomes.
When giving evidence in court, remember to only disclose factual information. Do not speculate or give personal opinions that could later be used against you at trial.
What is a deposition?
Deposition is the process by which attorneys gather information and facts from witnesses during litigation. Each side’s lawyers conduct their deposition, asking witnesses questions under oath that must be answered under oath. Typically these depositions occur outside of court with a court reporter present to record answers provided under oath.
Depositions are part of the discovery process and can help both sides assess the strengths and weaknesses of their case prior to starting trial proceedings. Furthermore, attorneys can use depositions as part of this assessment process in assessing whether witnesses will be credible during court.
Note that depositions are conducted under oath and could potentially be used against you in court proceedings, so make sure that you get enough rest prior to being deposed, are prepared, and have an experienced attorney supporting your every move during the deposition process.
Who is deposed?
Depositions typically include the person testifying (known as a “deponent”), attorneys representing all parties to the case and someone certified to administer oaths. Depositions may take place either at an attorney’s office, at a conference room at a hotel or another location or over video or telephone teleconferencing.
Attorneys typically ask more generalized questions in depositions than they would during trial, probing deeper into your other activities and mental state at the time of the event. For example, if there is a car accident they might inquire as to your travel plans on that particular day as well as any extracurricular events scheduled on that particular day.
At your deposition, it is important to answer each question honestly and completely. Furthermore, let the attorneys know if there is anything you don’t understand or if there are any objections or queries; these details will be noted in the transcript and could later be used at trial or motions filed with court.
What is the purpose of a deposition?
Deposition is an official, out-of-court inquiry intended to uncover as much information about who, what, where and how aspects of a case. Through this investigative process parties can question witnesses under oath before having their testimony recorded as either written or video accounts.
Depositions provide attorneys with an opportunity to gather evidence that will aid their case before going before a judge or jury at trial. Depositions may help lawyers collect pertinent facts that will support summary judgment motions or other pretrial processes that reduce issues that need to be decided at trial.
Depositions can be vital in personal injury litigation because they allow attorneys to evaluate witness credibility. This is especially relevant if they may be subjected to cross-examination by opposing counsel; thus a well-prepared attorney can play an invaluable role by helping anticipate which questions might be asked, then practicing responses that clearly, concisely, and honestly address them.
How is a deposition conducted?
At a deposition, attorneys from both sides present questions to those being questioned to obtain facts or statements that can help shift blame or defend their client in court. Depositions usually do not take place in one location but are held away from courtroom to prevent “trial by ambush.”
Depositions generally consist of only the deponent, lawyers for both sides and a court reporter attending; paralegals, investigators or expert witnesses may also attend as necessary. TMLT:
If you are the subject of a deposition, it is essential that you come prepared. Dress professionally and remove non-earring piercings; minimize tattoo displays; review any notes, diaries and calendars related to your case in advance and ensure consistent histories are given without providing information that could be misconstrued as false testimony; speak slowly and clearly so your answers can be accurately transcribed.