Depositions are an integral component of the discovery process in legal matters. Their primary value lies in providing all litigant parties a fair overview of their cases and an equal playing field of information so there are no surprises during trial.
Deposition is an official, out-of-court oral testimony taken under oath, recorded by a court reporter, and used as evidence at trial.
What is a deposition?
Deposition is a form of out-of-court testimony used in US litigation that allows lawyers to question parties and witnesses as part of preparation for trial. Depositions are frequently employed during civil suits but they may also be utilized during criminal trials.
Depositions typically consist of attorneys for all parties involved in a lawsuit, the witness, and a court reporter. The taking attorney usually begins each deposition by providing an overview of what to expect during their examination; they may also remind witnesses that they must answer all questions truthfully under oath.
Experienced legal representation can assist with deposition preparation, sitting by your side during proceedings. They will explain what questions will be asked of you and review any public documents which could impact on your testimony, while acting as your advocate when opposing counsel ask unfair or inappropriate inquiries.
What is a witness deposition?
Depositions are formal oral testimony collected outside of court during the discovery phase of a lawsuit, where each side’s lawyers take turns asking questions of their witness under oath, with answers recorded by a court reporter and potentially used as evidence at trial.
When deposing witnesses, their attorney provides them with an overview of what to expect during the deposition as well as reminding them they are under oath. Furthermore, their taking attorney stresses the importance of responding verbally for an accurate record.
If a party does not wish to attend their deposition, a subpoena can be issued legally requiring them to appear. A completed subpoena should be brought with you along with proof of service forms (POS-030 or POS-225) at the deposition hearing date and time. In some instances, witnesses may need to sign written authorization authorizing the taking attorney to conduct their depositions.
What is a written deposition?
Written depositions are an essential component of pre-trial discovery. They involve gathering witness testimony through written form and gathering interrogatory questions with responses under oath from witnesses. Written depositions provide legal professionals with invaluable resources for building their case through gathering comprehensive responses that highlight any discrepancies that could affect trial outcomes.
Opposing counsel will likely ask questions at your written deposition about anything from medical records and personal matters you would rather not share in front of strangers, to personal ones that might intrude upon your privacy or pose irrelevant queries. If they seem intrusive or inappropriate in any way, be sure to let your attorney know right away as they can advise on how best to respond.
Depositions by written questions are commonly employed when an in-person oral deposition is impossible or impractical, following strict legal guidelines that ensure timelines and maintaining defensibility records are met. BlueNotary notary services make the preparation of written question depositions simpler with reliable notarisation services that ensure accurate records are created.
What is a video deposition?
Video deposition is an alternative method of taking testimony that utilizes videography as opposed to court reporters, often used to record testimony from absentee witnesses or bolster an attorney’s case during trial.
When giving a video deposition, it is crucial to dress professionally and avoid clothing or accessories which might distract. Furthermore, it would be prudent to remove any piercings and shave before filming begins. Furthermore, having someone present to ensure you won’t be interrupted during testimony by visitors or phone calls is also helpful.
An expert videographer should record your deposition to ensure its quality and minimize distractions during the deposition. They may also offer written transcripts as an aid for post-deposition tasks.