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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.

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.

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. 

2. 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.

3. 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.

4. 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.

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

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.

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

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.

2. 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.

3. 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.