What is a deposition?
In almost every lawsuit, if you are either a plaintiff or a defendant, you will have your deposition taken. It is often the most important part of gathering evidence and determining if the case should settle or be tried. So what is a deposition?
A deposition is an informal proceeding conducted by the question and answer method, under oath. All parties to the lawsuit and their attorneys have the right to be present during a deposition. The questions are asked by the attorneys, and the questions and answers are recorded by a court reporter.
The deposition typically takes place in a conference room at one of the lawyer’s offices. Lawyers for both sides will be present, as well as a court reporter (stenographer) to make a record of what is said. Everyone will sit around a conference table, and you can expect the atmosphere to be informal. At the outset of the deposition the witness who is getting deposed will be placed under oath. Then, the lawyer taking the deposition will ask the witness questions and the witness will give answers. The witness may be questioned about “exhibits” -- usually documents -- that will be handed to the witness after being marked by the reporter. There may be breaks from time to time. After that is done, the other lawyer can question the witness if they choose to do so.
Depositions in Perspective
Generally, the whole procedure will appear to be relaxed and informal. Appearances are deceiving. Every word the witness utters will be transcribed. Any or every statement the witness makes ultimately may be read to the judge and jury. Accordingly, the witness should not let the informal atmosphere of the deposition cause them to become overly relaxed or to lower their level of concentration.
Witnesses should remember that they are engaged in a contest with conventions and rules. Your adversary has played in this arena countless times before. You haven’t. Your adversary will be considerably more adept at this than you are.
That does not mean you are outclassed, because there are survival rules for witnesses that are fairly simple and drawn mainly from common sense. You probably cannot outmaneuver the opponent’s lawyer, but if you master the rules and abide by them, you won’t have to. The best way to engage the enemy here is truly not to do battle at all.
Giving a good deposition often requires that the witness disregard many of his natural instincts and inclinations. Indeed, a deposition may be a very unnatural and in some ways uncomfortable exercise. For this reason, the most important procedural rule to remember in giving a deposition is that you must take your time and think before you speak. The most important substantive rule to remember is that the overriding and paramount objective in giving a deposition is to answer every question with accuracy and truthfulness.
Your lawyer should take time to prepare you for your deposition ahead of time. Preparation is key to a successful deposition.
Questions?
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This article is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.
