Deposition is an official oral testimony taken outside of court to collect evidence for use during trial, usually recorded by a court reporter.
Depositions allow attorneys representing both sides of a case to question witnesses under oath, with witnesses having breaks between questions to consult their lawyers or simply relax.
What is a deposition?
Deposition is an out-of-court proceeding in which witnesses or parties to a lawsuit provide testimony under oath that is then recorded by a court reporter for use at trial.
Depositions are crucial to the process of establishing the facts in a case, assessing witnesses’ knowledge and credibility, as well as how well they would fare under cross-examination by experts, as well as gathering relevant information from them. Depositions also help both sides identify areas for negotiation that can help facilitate out of court resolution.
At a deposition, attorneys from both sides present questions to the person being interrogated and raise objections to certain inquiries as relevant or improperly phrased; their clients’ attorneys can ask their deponent to clarify certain answers if necessary. After each deposition has taken place, a transcript of testimony prepared by a court reporter will be distributed for all parties involved to review; often times this data can help parties and attorneys prepare their legal strategies in preparation for trial.
What is the purpose of a deposition?
Depositions enable attorneys to gather crucial evidence that could have an effect on trial proceedings, giving them insight into case strength and developing strategies to achieve the outcomes that matter to their clients.
However, deposition can be an intricate process. Hostile witness behavior, unclear or complex questions and legal objections may all impede fact-finding efforts and further delay proceedings.
An important part of being prepared for depositions is understanding your role. Doing this helps participants avoid making costly errors that could potentially change the course of a case; for instance, testifying about an accident which was your responsibility should not include divulging details you can no longer recall at trial; you can always add more after you finish speaking. During our consultation meetings in New York personal injury law offices we can discuss deposition process as well as ways in which one should prepare themselves.
What happens during a deposition?
Your lawyer will prepare and represent you during a deposition, while attorneys on both sides can object to certain questions or answers for various legal grounds. The testimony will then be transcribed or videotaped for review later.
No matter how nerve-wracking it may seem to discuss the details of your accident and injuries in front of strangers, deposition processes tend to be relatively quick and efficient – typically lasting 30 minutes at most.
As it is essential that all questions be answered truthfully and honestly, it is also vital not to offer additional details that could impress an opposing attorney or volunteer information that you don’t remember or are uncertain of the answers for, it is acceptable if unsure. Do not speculate as this can be used against you during trial proceedings. Instead take your time in answering each query thoroughly.
What happens after a deposition?
Depositions can be intimidating for some, but they’re an integral component of personal injury lawsuits. Being honest and answering all questions completely will be used against you at trial; before your deposition your attorney will go over all potential questions to prepare you as best they can for them.
Depositions are official legal proceedings that take place at law offices and are recorded by court reporters. Both sides have an opportunity to object to questions or responses during depositions and this objectionation process will be documented in the transcript.
Your attorney can use information provided during depositions to bolster or weaken claims during mediation, arbitration or negotiations. They can challenge any discrepancies between your deposition testimony and later statements made at trial, which may also help expose an insurance company’s tactics and keep them from misguiding a judge or jury.