Depositions can be an essential tool for attorneys when collecting evidence prior to trial, yet can be tricky without assistance from experienced legal counsel.
Depositions allow opposing attorneys to conduct pre-trial investigation by interrogating witnesses under oath and taking notes that can later be presented as evidence in court proceedings.
Definition
Deposition (also referred to as an examination for discovery) in the US and Canada refers to out-of-court testimony that must be given under oath under penalty of perjury charges; attorneys representing both sides ask questions of those being deposed while an independent recorder transcribes and records testimony for later.
Depositions are used by both sides in litigation to assess their case and build strong arguments before going to trial. They play an integral part of discovery as witnesses can be questioned in person and information that would otherwise be unavailable through other means is collected directly. Depositions also assist lawyers in determining what evidence will strengthen a case further and can even help resolve cases prior to entering trial phase.
Purpose
Depositions are an essential component of the discovery process, enabling attorneys to question witnesses under oath outside of court and collect testimony that helps shape legal arguments and settlement negotiations.
Depositions offer attorneys an invaluable opportunity to identify key evidence and document any discrepancies that could alter a case’s outcome. For instance, if witnesses change their original story during trial proceedings, deposition transcripts provide attorneys with an effective tool for challenging any discrepancies or disconfirmations that might discredit their testimony.
Depositions can provide a valuable way of gathering more information on someone’s background and experience to better prepare them for trial testimony. Individuals participating in depositions should come prepared with questions they will be asked as well as not making statements they are not comfortable making.
Procedure
At a deposition, attorneys from both sides ask witnesses questions related to information and evidence in their case. All questions asked during this phase are recorded and transcribed by a court reporter.
Attorneys from both sides will then cross-examine their witnesses in turn, beginning with direct examination (also known as questioning).
Depositions can also be used as evidence against witnesses during trial. If their story changes while testifying on the stand, an opposing side can use their original transcript as evidence against them. Depositions may be emotionally trying, especially when discussing sensitive personal matters in front of strangers; so lawyers prepare their clients and encourage them to provide truthful and concise responses at depositions. Typically only witnesses, attorneys and court reporters attend depositions.
Objections
Attorneys may object during depositions based on three grounds: form, relevance and privilege. For instance, if opposing counsel asks off-topic or provocative questions that attempt to persuade your client into recanting what they said earlier then that could violate privilege would warrant an objection on relevance grounds.
Your objections could include attorney-client privilege, Fifth Amendment privilege (information shared between your client and their lawyer should not be discovered), or doctor-patient confidentiality (anything your client shares with their treating physician is confidential and cannot be used against them in legal proceedings). It’s essential that you prepare yourself for depositions by reviewing discovery materials and familiarizing yourself with applicable case law; raising appropriate objections during depositions serves to safeguard both client rights and interests – ultimately acting as the gatekeeper for them.
Attendance
Depositions do not take place in courtrooms, but rather at the offices of attorneys or other secure locations. All participants in a deposition must swear to answer truthfully when answering questions during this proceeding.
Bring photo ID with you and any documents requested by your attorney for review and examination at your deposition.
Depositions involve opposing lawyers asking you questions related to your education, work history, personal relationships and medical histories that pertain to the case at hand. Any inappropriate questions must be approved by a judge; your attorney will prepare you and explain which types of questions will arise during a deposition.