Depositions 101: The Basics and Ground Rules

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If you are involved in a personal injury lawsuit you may be required have your deposition taken, as a personal injury lawyer Newport Beach CA trusts can explain. A deposition is an interview between yourself and a lawyer from the opposing side. During a deposition, the lawyer has the opportunity obtain your testimony through a series of questions that he or she has created. These questions will often be based around the injury or incident but may highlight other aspects if deemed as relevant by the interviewing attorney.

A deposition can be a stressful experience if you have never been in one because it may feel as though you are under scrutiny by the opposing attorney.  The majority of the deposition will consist of the opposing lawyer asking you a single question at a time. Your job as a deponent (one who is being deposed) is to answer these questions to the best of your ability, even if you may not remember everything.

Another major component of a deposition is the fact that a court reporter (also known as a stenographer) will be transcribing everything that is said “on the record” during the deposition. Afterwards, the court reporter will provide a deposition transcript that reads like a script. Some depositions may also be video or audio recorded and this can increase the anxiety.

For the average person, the legalese and rules of a deposition can make an already stressful situation even more unnerving. However, by understanding the basic ground rules of a deposition beforehand, you can ensure a smoother and less stressful experience.

  1. Each Question Must Receive an Audible Answer

Each question must receive a verbal answer because the court reporter must be able to hear your response in order to transcribe it to the deposition transcript. If you are nodding your head, using gestures, or otherwise answering questions without a verbal answer, the interviewing attorney will tell you that you must provide an audible answer. This also means that an answer such as “Uh huh” does not satisfy as an audible answer. You may use gestures and nod your head, but remember to couple this with a verbal response. 

  1. One Person May Speak at a Time

Only one person may speak at a time during a deposition. Not only is it impolite to interrupt but it causes confusion during a deposition. The court reporter must be able to clearly understand who is speaking in order to correctly transcribe what is being said. Imagine how confusing a script would read if everyone was constantly interrupting each other and speaking at the same time! Therefore, make sure you do not interrupt anyone while they are speaking or asking a question during the deposition.

  1. Do Not Answer a Question Until it is Completely Asked

Be patient and wait for the attorney to ask their entire question before you answer it.  You do not always know where a question is going and what it will ask you to either confirm or admit.  Although it may be a natural habit to answer a question as soon as you know the answer to it – try to refrain.  You never know how much more of the question remains to be spoken. Prematurely answering a question may result in having to backtrack and change your answer, which will stall the deposition.

  1. Do Not Guess – But You Can Estimate

If you use the word “guess” when answering a question during your deposition, the interviewing attorney will request for you to provide more information 100% of the time.  The most important difference between a guess and estimate is the degree to which you are sure you are correct. An estimate is a rough approximation whereas a guess is often simply a shot in the dark.

A guess is an answer that is without enough information to be sure if it is correct or not. You cannot be held accountable to an answer of which you aren’t sure of how incorrect or correct you are because it wouldn’t make sense to hold someone to an answer they admittedly aren’t sure about.

An estimated answer is more reliable than a guessed answer because estimating requires you to roughly calculate or judge the value of something. Estimating will require you to provide at least some sort of thoughtful information.

Memories will fade over time. However, the attorney asking you questions will tell you that they are entitled to your best estimate with regard to dates, times, and speeds. Therefore, if you don’t know an answer then do not attempt to guess. Either say that you do not know, or attempt to provide an estimation of what you think the correct answer would be.

Bruno Nalu LawThanks to our friends and contributors from Bruno Nalu for their insight into depositions and personal injury practice.

You Received a Deposition Subpoena –  Now What? | Capital Reporting Company

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If you are involved in a civil lawsuit as a witness, plaintiff or defendant, there is a likely chance that you will receive what is known as a “deposition subpoena” in the mail or in person. A deposition subpoena is an official document approved by your state’s judicial counsel. The purpose of a deposition subpoena is to notify you that you are to have your deposition taken, and thus be “deposed”.

A subpoena is a legal document that “orders” someone to appear either at a court, or in this case, a deposition. A deposition is essentially an interview between the opposing side’s lawyer and yourself. Effectively reading the deposition subpoena is the first step in preparing for your deposition.

Reading the Subpoena

Legal documents are often difficult for the untrained eye to read, but it is possible with a little patience. Take a few moments to carefully read what is written on the subpoena, there can be a lot of information crammed into a small space and your eyes may be tempted to jump around on the page. The easiest way to effectively read a deposition subpoena (or any legal document) is to begin in the top left corner and work your way down, reading left to right, line by line.

Who Will Conduct the Deposition

Various states use different types of deposition subpoena forms but all will have the name of the court from which it was issued. More importantly, the subpoena form will include the lawyer’s office which set your deposition and thus will be conducting the deposition (asking you the questions).

Who to Contact for Questions

If you have any questions about the deposition but do not have a lawyer of your own, like a personal injury lawyer Newport Beach CA trusts, you may contact the attorney’s office listed on the subpoena, though remember that this will be attorneys for the OPPOSING side. If you already have a lawyer of your own (which you most likely will) contact them with regard to any questions or rescheduling needs.  Don’t wait until the last day to do this unless it is truly an emergency.  Remember that rescheduling is always better than simply not showing up. Completely not showing up to your deposition without notifying anyone beforehand will reflect poorly on your character and can result in legal ramifications.

Date, Time and Location

On your deposition subpoena, you also will find the date, time, and location of your deposition. Your deposition will be scheduled at least 2 weeks in advance. This allows for you make arrangements or to reschedule if need be. The attorney’s office which set your deposition should allow you to reschedule your deposition for a convenient date, time and location that will work for you. Also, you may be entitled to accommodation for transportation to and from the deposition. If this is needed, contact either your attorney or if you do not have an attorney, contact the attorney which set the deposition and is listed on your subpoena.

Documents to Bring

Some deposition subpoenas will contain wording that states you are required to bring documents to your deposition. These may be anything from medical records, video recordings, to pictures and diagrams that have to do with your case. The lawyers conducting your deposition are entitled to take copies of whatever documents you refer to during your deposition. However, be mindful of any document you bring to your deposition, whether it is being requested or not. Any document that you bring to your deposition (including photos, text messages, audio/video recordings) and that you use during your deposition can and will be copied by the lawyers conducting your deposition.

 

Bruno Nalu LawThanks to our friends and contributors from Bruno Nalu for their insight into depositions and subpoenas.

Should You Hire an Attorney for a Deposition? | Capital Reporting Company

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While television shows, articles and news segments may focus on the trial, jury and judge in a legal case or proceeding, in reality there are a host of other proceedings, documents and filings that make up the bulk of any potential litigation.  One of the most important pre-trial events is the deposition of participants, witnesses or experts that will ultimately testify in the case.

A deposition is pre-trial testimony, taken under oath, typically at an attorney’s office or neutral conference room space.  The deposition can help flush out the facts of the case and the testimony given at a deposition will often be used again at trial.  Testimony given in a deposition also can commit you to a position later on at trial.  Sometimes, statements made during a deposition can help prompt settlement discussions.  This is especially true when deposition testimony is especially harmful or helpful to one side of the lawsuit.

While not an actual trial, depositions are legal proceedings and participants often ask whether they are in need of legal representation.  Here we break down some of the common reasons you may want to consider hiring a lawyer, like a personal injury lawyer Brookhaven GA trusts, to represent you for your deposition testimony.

Participant in Legal Proceeding or Lawsuit

If you’re involved in a legal claim or lawsuit, either as plaintiff or defendant, a deposition will often be a necessary part of the pre-trial discovery process.  While you are entitled to represent yourself in court, litigants should carefully consider whether they’d benefit from having a lawyer representing their interests at all stages of trial.  Deposition testimony can and often is used at trial and inconsistencies in statements due to misunderstood questions, nervousness or lack of preparation, can have a negative impact on your outcome.

Preparation for Trial

Deposition testimony will occur in a similar manner as testimony being provided on the stand to a judge or jury.  Opposing counsel typically has much more leeway during a deposition regarding what they can and cannot ask.  Having an attorney by your side to help walk you through questions and advise you on which questions you should not answer or are not obligated to answer can help hone your statements which will eventually be given at trial.  If you are a party to a lawsuit, make sure your lawyer prepares you for your deposition.

Deposition Testimony as a Witness

Another instance where you may consider hiring a lawyer to represent your interests is if you’ve been called to provide deposition testimony as a witness.  Even if you aren’t directly involved in the underlying litigation, depositions potentially have legal ramifications that could affect you, your employer or a friend or family member.  At a deposition, you will be required to testify under oath and any factual misstatements could be held against you at a later date.  In addition, many witnesses at depositions will feel more confident with their own lawyer by their side when being asked questions by attorneys representing the other parties to the matter.

Employer May Provide Legal Counsel

If you’ve been called to give testimony at a deposition as a witness as part of your employment, you may be able to request your employer pay the bills for your own, separate, legal representation.  In many cases it is in your employer’s best interest to have you provide factual, relevant deposition testimony possible and they will reimburse you or directly pay for the legal costs associated with hiring an attorney.

What you discuss with your lawyer is privileged and protected by what is called the “attorney-client privilege”.  Another lawyer cannot ask you what you and your lawyer talked about in your preparation.

Butler Tobin LawThanks to our friends and contributors from Butler Tobin for their insight into hiring an attorney for a deposition.

 

3 Tips on Taking Depositions in a Motorcycle Accident Case | Capital Reporting Company

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When a personal injury happens, and a lawyer files a case, a deposition may be conducted. This involves a recorded session that can be legally binding, and if the wrong things are said it is easy to have your case challenged by the defending party., Taken by a court reporter, a deposition involves a legal representative in a civil tort lawsuit. The intention is to reveal information that might not be available within an official accident report. In many ways, a deposition is like a open hunting field where things could go in any direction. The following are a few things you should do during a deposition:

  1. Be prepared for questioning

Motorcycle drivers are typically considered a second class person on a roadway. When the legal issue involves a personal injury from a motorcycle accident, there are often assumptions that the biker acted dangerously and therefore is at fault. You should be ready for intrusive, detailed questions from a defending lawyer. Even if there is an obvious act of negligence on another party’s behalf, you may be “accused” of doing wrong. It will be a good idea to remain composed and in a basic frame of mind.

  1. Do Not Answer What is Not Asked

As you are questioned, your answered should be direct and simple. Do not offer any extra information because this is exactly what the defending lawyer is wanting. The purpose of these questions is to cast doubt on your claim of the incident and the severity of the injuries or contribution to the accident. Comparative negligence is a factor of most personal injury claims. It is probable that the lawyer will focus on a percentage of your own negligence – even if it does not exist. Depending on the state of occurrence, any contribution to the accident could eliminate the possibility of having a claim. In other states a modified comparative negligence model of around 50% may be required to make a claim invalid.

  1. Avoid Admitting Fault in the Accident

During your deposition, it will be in your best interest to avoid taking fault for your injuries. This can impact the amount of compensation available. Even if there is comparative negligence, or you are partially at fault, your answers should be minimal. Anything can be used as bargaining leverage in your settlement. The more you are found to be at fault, the less you will receive. The settlement will be discounted based upon the percentage of fault you are held at. If you are found to be 100% at fault, damages will not be available. That being said even if you are largely at fault, there is a good chance of receiving something when you have certain types of insurance. Ultimately fault is a crucial element in any claim regardless of the state or jurisdiction.

Remember that a deposition could be a precursor to a trial, particularly when a defending lawyer feels the claim can be dismissed. As a result, you may take the case to trial if large amounts of insurance coverage are available and gross negligence and punitive damages are a factor.

It should be clear that there is a need for an experienced lawyer, like a motorcycle accident lawyer Las Vegas NV relies on, especially during a deposition. He or she can ensure your rights are protected and give you the necessary preparations so you make the best decisions possible. As a rule of thumb, one should be well prepared when being deposed.

Nadia Von MagdenkoThanks to our friends and contributors from Nadia von Magdenko & Associates for their insight into motorcycle and personal injury practice.

3 Reasons To Use Video Depositions

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Video depositions can be invaluable for legal professionals and their clients. The increased capabilities of video technology has made it even easier for lawyers to access enhanced deposition resources and to use video depositions in their cases. There are several reasons why lawyers across the country have begun relying heavily on this technology over the years, but here are just a few of the more common reasons:

  1. Initial witness testimonies can be documented effectively for later assessment.

This may be valuable if a witness tries to change his or her testimony on the stand. A personal injury lawyer may reference the witness’ initial statements from his or her video deposition if there are any discrepancies in details. This may also help to determine if the individual will be a strong witness to place in front of a judge or jury.

  1. Witnesses can provide valuable testimonies regardless of where they are located.

Some cases are weakened because key witnesses cannot attend a deposition in person — whether it’s because of medical condition, a family emergency, or simply being out of town for an extended period of time. A dependable court reporting service may have numerous locations across the country, and sometimes even internationally. These services have the technical equipment required to record and share sensitive information that a witness might provide in a deposition. The witness doesn’t even have to be in the same city as the legal firm handling the case.

  1. Video depositions display body language, which may be very important when determining the authenticity of a witness’ testimony.

Small clues in a witness’ body language can provide a lot of information regarding his or her authenticity — sometimes more so than anything else he or she might say. Written depositions may be very valuable for straightforward testimonies, but if there is any reason to doubt that a witness might not be entirely forthcoming, a video deposition could be even better. These depositions may be recorded in a secure space and reviewed at a later time by psychologists or professionals who may assess the person’s body language. If the matter goes to court, such a deposition may help to cast doubt on a story in front of a judge or jury.

Video Depositions: A Growing Trend 

These three benefits are only the tip of the iceberg when it comes to the usefulness of recorded depositions. Visual presentations of witnesses, victims, and suspects can be a very powerful tool inside and outside the courtroom. Whether the goal is to establish the validity of a car accident claim or to investigate a serious criminal offense, you might just be surprised by how valuable a video deposition service can be.