Depositions offer litigators an invaluable tool for prepping for trial. Depositions provide all parties involved with equal information that provides a level playing field.
Crime dramas often depict dramatic witnesses who surprise their courtroom, but this rarely occurs in real life. Instead, deposition proceedings involve both lawyers from each side as well as a court reporter for greater structure and precision.
It is an oral examination of a witness before trial
Depositions are a legal procedure that allow attorneys to question witnesses about all aspects of their case. A deposition is recorded by a court reporter and can later be used at trial; both attorneys may attend, usually held in their office or conference room.
Be ready for your deposition. The opposing lawyer may pose question that are designed to get you to reveal information that could damage their case, for instance questioning how an accident happened or asking about prior medical treatment.
At your deposition, you are under oath to answer each question truthfully; otherwise you could face perjury charges. Therefore, practicing answering questions beforehand with your attorney is the key to feeling more at ease in answering questions during your deposition and to avoiding being surprised by tactics employed by opposing counsel’s attorneys.
It is a form of discovery
Depositions are an integral component of the discovery process, in which parties question one another outside of court before trial. A deposition entails attorneys interrogating one another under oath while witnesses testify under oath.
Attorneys may ask any type of question they see fit during depositions, including hypotheticals. Witnesses must always answer truthfully as making false statements can have severe repercussions. Lawyers must ensure their clients arrive for depositions properly prepared; wearing professional attire and covering any piercings or tattoos with bandages.
Depositions provide your attorney with the insight into how a jury might respond to testimony of witnesses. Deposals may lead to settlement agreements that avoid trial altogether or narrow the focus of those that should go to trial; depositions also provide an opportunity to observe how witnesses perform under cross-examination and can identify inconsistencies or errors in memory.
It is a tool for impeaching witnesses
Depositions allow legal teams to gather all the facts and information they require for trial, as well as provide them with an opportunity to impeach witnesses when their earlier testimony contradicts. Attorneys can then use a transcript from the deposition as proof of errors or discrepancies between memories. This can have a major effect on settlement considerations or even avoid trial altogether.
At the core of any successful deposition is having a competent court reporter prepare the transcript, including verbal as well as nonverbal communication such as head nods, hand shakes, and uh-huh’s. Furthermore, it would be prudent to provide opposing counsel with copies of your transcript prior to starting their cross examination of you.
Avoid impeaching a witness for every minor detail; doing so makes you look vindictive and may become tedious for the jury. Try to keep depositions under an hour and a half.
It can lead to an out-of-court settlement
Depositions can be an invaluable way for both plaintiff and defense attorneys to glean critical details of a case, helping them build stronger cases for trial and create convincing narratives to win at court. Deposition evidence can even motivate opponents into settlement talks.
At a deposition, your attorney will ask questions under oath to which you must respond truthfully and compliant with law. They could pertain to anything from yourself and previous legal proceedings to current issues in your case. They can even teach you how to answer properly by practicing alongside you before the deposition takes place.
Depositions take place outside a courtroom, usually only including parties to the lawsuit, their lawyers, and a court reporter. A transcript will then be produced that can be used at future trials – it will contain case name, number, participant names and dates of depositions.