How Do Depositions Work?

Depositions are an essential part of litigation. They are part of the discovery process available to each party in a lawsuit. In a deposition, the other party’s lawyer asks you questions, which you must answer.

Deposition testimony is under oath and transcribed by a court reporter. Depositions have the same weight as court testimony. However, they are usually conducted in the office of one of the attorneys. Depositions are a way to get information about a case. Deposition testimony is generally admissible in court.

If you file a personal injury lawsuit, contact a local lawyer to guide you through the process.

What To Know Before Your Deposition

You should understand what a deposition is, how it works, the process, and how it might affect your case.

A deposition is a formal proceeding in the discovery phase of a civil case. This is a standard part of civil lawsuits. The attorneys will ask you questions and take your testimony under oath before the trial. It’s like an interview before trial, but you’re under oath. Because you are under oath, your deposition testimony can be used in court. Laws concerning perjury apply to deposition testimony.

Attorneys can use deposition testimony to contradict your trial testimony. The lawyer could point out how what you say at the trial contradicts what you said at the deposition.

Depositions also allow attorneys to get your version of events. The opposing attorney will assess your credibility and gauge the strengths and weaknesses of the case. Also, case evaluation from a deposition can affect the settlement value of a case.

Your attorney can help you prepare. Your lawyer will help you identify critical documents to review. These may include emails, medical records, contracts, or any other communication relevant to your personal injury case.

While you should understand the facts, it is also okay not to know or not remember something. There may be questions to which you do not know the answer.

You have the right to have your attorney present. They can object to questions during the deposition. Unless your attorney instructs you not to, you will have to answer the questions. Your attorney can make objections for the record. The record is what you call the entire transcript of the deposition.

What To Expect at the Deposition

The deposition will likely take place in a conference room at your attorney’s office or at opposing counsel. Even though it is in a conference room, there will be a more formal atmosphere than a regular meeting. There will be a court reporter. They will swear you in and then write down everything everyone says with the stenographic machine. It is important not to talk over other people so the court reporter can transcribe everything.

Your attorney and the opposing party’s attorney will be there. Other attorneys for other interested parties may also be there. This could include other legal professionals and representatives from insurance companies. There may also be a videographer.

It’s normal to feel nervous. The goal of the deposition is to discover what you know. The other attorney may try to intimidate you. Stay calm and focused. You should listen to each question carefully, take your time, think about your answer, and answer only the question asked.

It’s also okay to ask your attorney to rephrase the question if you do not understand it. Be honest when you answer and avoid guessing. If you do not know the answer to a question, it’s perfectly acceptable to say, “I do not know.”

Finally, be clear when you respond. Answer “yes” or “no” clearly, as the court reporter has to write down everything you say.

The Deposition Procedure

The court reporter will swear you in just like in court. You will swear to tell the truth, the whole truth, and nothing but the truth. The attorney will begin asking you questions. The opposing side’s attorney will likely ask you questions about your background and get to more specific questions about the case.

You are there to answer the deposition questions to the best of your ability. Remember that you are under oath, and everything you say is recorded. Be clear and concise and stick to what you know and the facts of the case. Your attorney will be there to guide you. Remember that the final answer must come from you.

Also, you should take breaks if you need them. The entire deposition can last eight to ten hours, and you must stay alert and focused.

After the Deposition

The deposition is over when the attorneys are all done asking you questions. There are a few things you should keep in mind.

The stenographer will prepare the written transcript of everything everyone said during the deposition. You have the right to review the deposition transcript to ensure they got the witness’s testimony right.

Do not discuss the deposition with anyone except your attorney. This is all part of the legal process and should be confidential. Stay in communication with your attorney. The deposition may change your attorney’s strategy or impact the settlement value of the case.

Your deposition will be a critical part of your personal injury case. Contact an experienced personal injury attorney if you have any questions about how depositions work.