This process can either promote a settlement, so the case never goes to trial, or narrow down the issues that should be brought out in court. The time and expense of depositions, which can involve whole workdays for lawyers not to mention time away from work and other responsibilities for deponents , are often a significant factor in settlement considerations.
Thus, depositions can be a turning point in litigation even before they occur. A deposition usually takes place at the office of the attorney, deponent, or court reporter.
Both defending and prosecuting attorneys, as well as witnesses, and a court reporter are present. Generally, cases where the observations or knowledge of individuals are important to the facts of the case, are good candidates for depositions. For example, a personal injury case involving multiple cars colliding in a busy downtown intersection at midday could warrant the depositions of the drivers, passengers, and witnesses walking the streets to determine who was at fault for the accident.
On the other hand, cases where the evidence speaks for itself, such as complex contractual breach cases, can likely be litigated without reliance on depositions. Another consideration is whether the deposition of an expert is important to the case.
Frequently in cases where reports are filed, such as a safety report on a job site where a worker was injured or killed, experts are called into depositions to testify to the findings. Cases involving professional malpractice for doctors, lawyers, engineers, or other licensed professionals, also require expert depositions to compare the standard of care accepted in the particular field to how the professional acted or failed to act.
All testifying persons in a deposition, otherwise known as deponents, swear on oath to answer questions honestly. What to expect at a deposition as a witness includes this swearing and several other standard operating procedures.
At a deposition hearing, the court reporter will give the oath and explain that the entire deposition will be recorded in some fashion and later made available to all parties. Before questions begin, a deponent is informed of the rules of the deposition — such as to give complete spoken answers, only to answer the questions they know and not guess, and not to talk over the attorney taking the deposition.
Some witnesses may require an interpreter, and some depositions are videotaped by a legal videographer. So, basically, depositions run the gamut as far as the number of people in the room! There are rare instances of depositions by written questions. This is not a common practice, however, as it makes it impossible for attorneys to ask follow-up questions though opposing counsel can submit written objections to the questions!
The court reporter nearly always swears in the witness. The swearing in of the witness is noted in the final transcript prepared by the court reporter, and the testimony typically starts immediately after the oath has been administered. This is where the attorney takes basic information from the deponent, e. The deponent is under oath when giving a deposition, so yes, it is legally binding sworn testimony. Attorneys often call the reporter the most important person in the room at a deposition.
The reporter does have a pivotal role in a deposition, as it is the reporter who takes down the verbatim record.
At the conclusion of your deposition, you will be asked whether or not you would like to read the transcript. If you elect to do so, a copy of the written transcript will be presented to you within a few weeks after the deposition is concluded and you will have a limited amount of time to make corrections.
Read the document very carefully. If you do not make corrections within the designated time allotment, you will not be permitted to do so later. Most cases settle and never make their way to a courtroom. However, if you do go to trial, re-read your deposition several times prior to your court date so that you can recall everything you said under oath. Your deposition is testimony that can be used to make or break your case in a court of law.
Contact Us for a Consultation. Cole Law Group Blog. The following are additional requests that you may make as a deponent: If the opposing attorney asks a question and you did not hear all or part of it, request that the question be repeated.
If the other attorney interrupts you while you are in the process of answering a question, politely point out that you have not completed your response and insist on finishing your answer. If you are uncomfortable about a question or need clarification, ask if you may consult with your attorney.
Such consultations must be kept to an absolute minimum.
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