What Is a Deposition?

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When an injury victim files a lawsuit, the insurance company for the person or business that has been sued will hire a lawyer. The lawyers for the injury victim, like a personal injury lawyer Atlanta, GA relies on, and the insurance company will then gather evidence to prepare for trial.

Lawyers generally gather evidence in two ways. First, they investigate the facts by interviewing witnesses, inspecting the accident scene, and reviewing police reports, photographs, medical records, and any other evidence that helps the lawyer understand how the accident occurred and its impact on the injury victim. A lawyer may want to have a private investigator or an expert witness (for example, an accident reconstruction expert) assist with the investigation.

The second way to gather evidence is called discovery. Discovery is a formal process of gathering evidence under court supervision. While witness interviews are useful when witnesses are cooperative, investigators cannot force witnesses to answer questions. Discovery allows lawyers to gather evidence from people who might otherwise be reluctant to provide it, including the opposing party.

Depositions in Civil Lawsuits

Depositions are a discovery tool that lawyers often use to learn what a witness knows about a case. A lawyer takes a deposition by asking questions that the witness must answer under oath. A private court reporter makes a record of the questions and answers and later prepares a written transcript of the deposition. Some depositions are also recorded on videotape.

Lawyers will usually take the depositions of opposing parties. For example, in a lawsuit involving a car accident, the injury victim’s lawyer will take the deposition of the other driver and the insurance company’s lawyer will take the deposition of the injury victim. In a lawsuit against a business where an injury occurred, the injury victim’s lawyer might take the depositions of the store manager and any employees who saw the accident or whose negligent performance of job duties may have contributed to the accident.

Lawyers take depositions for many reasons. Depositions help lawyers understand and uncover the facts of the case. Depositions also give lawyers an early opportunity to probe the weaknesses in the opposing party’s case. For example, if the opposing party denies causing the accident, careful questioning often makes it clear that the denial is not credible. When a witness gives inconsistent answers, contradicts provable facts, or claims a convenient lack of recollection, the lawyer who is questioning the witness will develop strong ammunition to use at trial.

Depositions also lock witnesses into a story. When a witness testifies in a deposition “I did not see Mr. Jones that day” and evidence at trial makes it clear that the witness and Mr. Jones were together, the witness is in a bad position. The witness will either stick with a story at trial that is obviously untrue or will change his story. When a witness changes a story, the lawyer will confront the witness with the transcript of the deposition to show that the story has changed. This is known as “impeaching” the witness. The ability to expose false testimony by impeaching a witness is one of the key benefits of taking a deposition.

Finally, depositions help lawyers evaluate a witness. How the witness performs in a deposition offers valuable information about how the witness will perform at trial. If a witness who will help the other side is credible and likeable, it might be smart to settle rather than risking a trial. If a witness who will help the other side is shifty or condescending, the other side might be willing to offer a higher settlement rather than placing a bad witness in front of a jury.

Preparing for a Deposition

Lawyers prepare their clients to testify in a deposition. That doesn’t mean that lawyers prepare answers for clients to give, but lawyers can anticipate questions a client will probably be asked, and can help them understand how the question can be answered in clear and precise language.

Lawyers try to assure that clients will not be surprised by questions so that clients can feel comfortable during the deposition. Lawyers also help clients refresh their recollections prior to a deposition so they do not need to search their memories before answering questions.

Finally, lawyers will usually give clients some pointers, such as the need to answer out loud so that a court reporter can record the answer, and to avoid guessing at answers if the client does not know or remember the answer. Working with the lawyer prior to a deposition should help ease a client’s anxiety about being questioned.

 

 

Thanks to our friends and contributors from Butler Tobin for their insight into depositions.

Asked to Give a Deposition in Your Personal Injury Case?

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You filed a claim seeking damages for a personal injury and now the attorney, like a West Virginia personal injury lawyer, for the Defendant has requested to take your deposition.  Do not panic. If you have competent personal injury counsel, you should definitely plan to meet with them prior to your deposition to prepare to give your testimony.

 

What exactly is a deposition?

A deposition described most simply is merely an interview or question and answer session. The purpose of a deposition in an injury case is for the opposing side to find out what information you have about the accident or incident that caused your injury, how it caused your injury, if that is disputed, and the nature and extent of your injuries, so that they may be prepared for your ultimate testimony at trial if that becomes necessary. In an injury case, typically attending a deposition would be you (the injured party), your attorney, the opposing attorney, and a court reporter. Technically, the other party/parties (defendant) may also appear, but commonly do not.

 

What Are The Rules?

There are a few rules associated with depositions. First, you must understand that you are under oath. It is important to know the facts about your testimony and always tell the truth. Second, understand that the questions asked of you, answers you provide, and any other dialogue is being taken down by a court reporter. Everything anyone says and the exact way they said it will be in a transcript and can be later used in court. You have the opportunity to receive a copy of the deposition and make changes to it if you deem necessary.

 

When answering a question at a deposition, make sure to answer verbally. The court reporter cannot transcribe a head nod or other gestures that may indicate your answer.  Also, make sure you understand the question fully. Do not answer a question that you do not understand. Ask the attorney to reword the question for you to be able to give an answer.  If you understand the question but cannot remember the exact events that are being questioned, it is okay to admit that you do not recall. It is important to keep in mind that you are under oath and your statements are on the record, so it is better to admit that you do not recall than to attempt giving an estimate. If an attorney asks for you to provide your best estimate, it is then okay to do so because it is on record that your answer is understood as an estimate and not exact. If an attorney asks you a question but the other attorney interjects to insert an objection into the record, wait to answer the question until the opposing attorney is finished speaking. It is likely that the attorney that asked you the question will reassure you that you can still answer the question, unless they decide to withdraw the question entirely. At that point, you would not answer the question and would move on to a new question.

 

How Important is the Deposition?

A deposition can be very important for your injury case and must be taken seriously, but it should not be an overly stressful event. It is simply a question and answer session with a few people to find out the facts that you know. If you maintain your composure and stick to the truth and the facts that you know, it should go relatively smoothly. However, it is your testimony about the accident/incident and the injuries and harm that you suffered as a result and you will be testifying under oath, so its importance should not be under stressed. Do no exaggerate your injuries or their impact, but also do not allow them to be minimized.  If you keep in mind the rules above and spend adequate time with your attorney preparing for your deposition, giving your deposition testimony will be a lot less stressful of an event and can help you prove the legitimacy of your claims in your injury case.

Thanks to our friends and contributors from Adams Legal Group, PLLC for their insight into recovery from car accidents.

 

What Is A Deposition?

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In a few words, a deposition is court testimony that takes place outside a courtroom.  After the witness swears to tell the truth, a stenographer (court reporter) transcribes everything said by everyone present as attorneys from all sides can ask questions.  There is no judge, however. While attorneys can object to questions, witnesses must truthfully answer all questions unless the information sought covers something that is protected or the witness refuses to answer citing the right against self-incrimination.

Depositions serve many purposes in both civil and criminal cases, so they are very common in both proceedings.

Where Does It Take Place?

Depositions usually occur in informal environments.  Local depositions usually take place in a lawyer’s office or conference room; out-of-town depositions often take place in a hotel or other local business facility.  Everyone in attendance is usually sitting during the deposition.

Most depositions take place during the discovery phase though you can take a deposition for use at trial and outside of discovery.  The discovery phase is the portion of the case after the Complaint – filed by the Plaintiff and starts the lawsuit – and the Answer – the Defendant’s response to the Complaint -are filed. Discovery runs for about six months after the Answer is filed with the court and can be extended if the court allows.

Why Is It Important?

Before trial, depositions and everything else obtained in discovery, such as documents produced is the evidence in the case.  Since personal injury victims must establish liability, they must have facts to back up their claims before their case goes to trial.

Depositions are important in a case because they preserve testimony.  If a witness tells one story at a deposition and a different one at trial, an attorney can confront the witness about them changing the story and discredit the witness to the jury or judge.  Moreover, if the witness is unavailable at trial (experts and doctors in particular, since they keep busy schedules), the witness’s testimony is the only way for the jury to hear what that witness has to contribute.  To help with this, many depositions are video recorded. The deposition is then played for the jury when the case goes to trial.

How Do I Prepare?

Prior to a deposition, your attorney, like a skilled Atlanta GA personal injury lawyer, will meet with you and help you understand the deposition process.

When giving a deposition, the best advice your attorneys will give you is to relax and tell the truth.  If a witness is nervous or agitated, most attorneys become very confrontational, and the situation can get worse, leading into a spiral for the witness.  Tell the truth. Any inaccuracies inevitably come to light, and lack of credibility is devastating to a claim.

A litigant should expect to give a deposition during the course of their case.

 

Thanks to our friends and contributors from Butler Tobin for their insight into depositions.

 

3 reasons to videotape a deposition

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Many times, attorneys attempt to keep the costs of litigation low, and in doing so, they will skip out on important tasks.  One of these important tasks is the need to videotape every deposition taken.  Many experts have evolved on the videotaping of depositions to the point where it seems to be common knowledge now that if you’re unwilling to go to the expense of videotaping a person’s deposition, that person’s deposition must not be critical enough to take.

You should initially check the rules in your jurisdiction to determine whether engaging a certified videographer is necessary.  Many attorneys have used in-house technology staff, or even their own mobile phones, to videotape depositions where allowed.  Why is it necessary to videotape a deposition?  Let us count the ways:

  1. You must give the jury a sense of the tone used in deposition

How many of your reading this have ever read a deposition transcript aloud at a jury trial?  The rules don’t really allow for emphasis to be made, and objections can be raised if an attorney or transcript-reader uses an inflection as an attempt to emphasize certain words.  And most of the time, jurors are snoozing during what can be critical deposition testimony.

Videotaping a deposition allows a jury to see what the person is like, their tone, any nervous habits, moments of pause, idiosyncrasies of the witness, and facial expressions.  All of these go directly to the witness’s credibility.  This is one reason it is imperative to videotape all depositions.

  1. It provides many avenues for playback at mediation and pre-trial

In addition, videotaping a deposition allows for critical testimony of the video footage to be cropped and played in segments at mediation or pre-trial.  This can dramatically affect the value of the case at mediation, and it can also help in assisting the court in determining legal issues at pre-trial.  Playing short clips of footage from depositions can be extremely effective in making points throughout litigation.

  1. It shows preparation

Lastly, videotaping a deposition provides a heightened level of effort on your part, and it shows to the client, the defense, the court, the mediator, and particularly the claims adjuster that you are methodically preparing to put your best foot forward at trial.  This can be very effective when evaluating the claim.

Videotaping depositions has now become one of the essential elements to effectively and competently present a case at trial.  When selecting an attorney, you should consider hiring a veteran trial lawyer who has experience in presenting a case to juries.