Depositions are an essential element of discovery in litigation proceedings, enabling attorneys representing both plaintiff and defendant to interrogate witnesses about events, personal details and medical history related to their cases prior to trial commencing.
At a deposition, you are asked questions under oath and your answers recorded by a court reporter. Both parties can later use this transcript at trial.
What is a deposition?
Deposition is an out-of-court question and answer session between opposing parties (or lawyers for them) and witnesses who have taken an oath to tell the truth. Deposals form part of a lawsuit’s discovery process and enable both sides to gain an overview of all facts related to the dispute before trial begins.
Depositions typically take place in a lawyer’s office; however, they can also take place at hospitals, restaurants, or any other suitable venue if necessary. Parties and their attorneys usually attend depositions along with a court reporter/videographer.
Be ready for questions pertaining to various areas related to your case during a deposition. Your attorney may object on your behalf if any question is irrelevant, improper, or confidential and advise against answering certain inquiries; any objections raised during the deposition will be recorded in its written transcript afterwards.
What is the purpose of a deposition?
Depositions are an invaluable asset for attorneys as they prepare for trial. Depos allow witnesses referred to as deponents to be interrogated under oath by opposing counsel about relevant facts related to their case, with responses recorded for use as evidence at trial.
Not all information gleaned in depositions will be admissible in court; however, depositions play a crucial role in the discovery process and can help attorneys narrow the issues requiring jury attention at trial.
Depositions typically take place at either a lawyer’s office or conference room, with witnesses, their lawyers and court reporters present. Investigators and expert witnesses may also attend, depending on the nature of their investigation or case. Ediscovery software helps prepare witnesses for depositions by offering tools for collaboration and organization; review teams can work together to identify documents with possible deposition topics labeled accordingly as well as produce exhibits for use during depositions.
Who is deposed?
Depositions may be taken of anyone whose knowledge supports or negates claims from either side in a civil litigation case, including witnesses to an accident scene, police officers who investigated it and medical professionals who treated injured parties afterwards.
Deposing someone typically involves legal notice and subpoenaing them to attend. Once there, a court reporter transcribes and video records their session. Later on, this deposition can be used at hearings or trials as evidence against that individual.
Lawyers representing each side will ask witnesses a series of questions designed to test their memories about key details related to the case. Deponents are expected to answer all questions, barring any valid objections, though both parties and deponents can ask the judge to limit or end a deposition at any time; that usually requires filing a motion with court approval, so prior consultation with your attorney on how best to object during depositions is highly advised.
What happens during a deposition?
Deposition is an attorney-led interview conducted outside the courtroom where questions are presented under oath to parties and witnesses under oath and generally recorded on video or transcription. Depos are an essential component of discovery process. When taking your deposition, an individual will typically subpoena you or request that you attend at a specific location and time, with questions from that individual in front of a judge or magistrate present to testify truthfully under oath.
The opposing attorney may question you regarding your background, education and work history as well as any relevant events or conversations related to the case. Any inappropriate or irrelevant questions can be objected against.
Once the deposition is finished, its transcript will be converted from shorthand into English for your review. When ready, a copy will be given directly to you for this step; be sure to go over it thoroughly as court reporters may miss things or witnesses make errors when answering questions.