Usually, the only people present at a deposition are the deponent, attorneys for all interested parties, and a person qualified to administer oaths. Sometimes depositions are recorded by a stenographer, although electronic recordings are increasingly common. At the deposition, all parties may question the witness. Lawyers may not coach their clients' testimony, and the lawyers' ability to object to deposition questions is usually limited. Depositions are usually hearsay and are thus inadmissible at trial.
There are, however, three exceptions to the hearsay rule that are particularly relevant to deposition testimony. The first is when a party admits something in a deposition that is against his or her interest. Call a few days before the deposition and remind your client. Call the night before the deposition and remind again B. Everything is recorded or videotaped At trial, they can point out differences between what you said at the deposition and what you say at trial, so don't say anything unless you are sure about it.
Depositions can last two hours or more. You can ask for a break any time you want one. Dress comfortably -- you don't have to put on a fancy suit. No smoking Bring your own soft drink or water Explain who will be there -- reporter, lawyers, etc.
No cheering section, unless deponent is a child who wants a parent present. Stay calm and don't argue with the attorney C. It's just for the record. I cannot coach you during the deposition, but I can answer specific questions. If you have a question, state that you want a recess. If I think we need to talk, I will ask for a recess.
If I instruct you not to answer a question, don't answer it no matter what the other lawyer says. If you do not understand a question, say so If you do not know the answer, say so Don't guess unless the lawyer asks you specifically for an opinion. If the lawyer asks you whether something is "possible," answer that anything's possible.
Don't worry about trick questions -- I will object and point out the trick. Don't volunteer; don't ramble; just answer the questions. Don't agree to provide documents without consulting me. Review the case file E. You have the right to ask a few questions at the end of the deposition to clarify matters or rehabilitate your witness.
You can correct it later. Take the deponent to re-visit any places likely to come up during the deposition. Consider a Rule 26 C protective order to limit scope of deposition G. The Rules of Evidence do not apply. They can ask about insurance. They can ask about hearsay. They can ask for opinions. They can ask your client if he's a peeping Tom or cheated on a 10th grade math test. Besides, an objection accomplishes nothing, because the witness has to answer the question anyway.
Well, okay, you may have to object once in awhile. Here are the legitimate grounds for objection: Privilege. Object to a request for information protected by the attorney-client or other privilege. Attorney work-product. Depositions follow similar rules to in-court testimony. Parties must be sworn in, a court reporter must be present, and attorneys are limited in how they may treat a witness.
That said, a judge need not be present for a legal deposition, and unlike during cross-examination in court, actions like leading questions are typically allowed though this can be considered bad form and reflect poorly on the attorney.
This freer form of questioning can be useful both for information gathering and getting commitments from witnesses. While settlements are made and agreed to through their own process, a deposition can often provide the necessary information to lead to an out-of-court settlement.
By taking testimony from the right witnesses, parties may see that they will likely lose if the case goes to trial, and will thus be more likely to agree on a settlement. This is especially true of personal injury cases, where there is often one clearly responsible party. What are depositions?
Out-of-court testimony. What is the purpose of a deposition? Pre-trial discovery. In-person depositions are typically small events, with as few as three people present. The attorney can question a deponent in one day, for no more than seven hours. Be prepared for an entire day in case the lawyer intends for a long session, as a deponent can be required to stay the entire seven hours. Ensure you read or review documents you are asked to testify about. If you verify that a document is accurate, anything in that entire document can be used to impeach you.
If you realize that you made a mistake or were confused about an earlier topic, you can correct yourself or add clarifying information. You should always be honest when giving sworn testimony in a deposition. Lawyers are great at uncovering lies, and it will only hurt you if you give false testimony and they catch a contradiction.
List of Partners vendors. A deposition, an integral part of the discovery process, is testimony made under oath and taken down in writing by an authorized officer of the court, typically in an out-of-court setting and before trial. Depositions are usually taken from key witnesses, but can also involve the plaintiff or defendant, and often take place in an attorney's office rather than the courtroom.
The individual making the deposition is known as the deponent. Since the deponent is under oath, false statements can carry civil and criminal penalties. As with any discovery proceeding, the primary objective of a deposition is to give all parties involved in the litigation a fair preview of the evidence and level the field as far as information is concerned, so that there are no unwelcome surprises at trial.
A deposition would be required, for instance, if one were to witness an accident that resulted in a liability lawsuit. All parties involved in the case are permitted to attend the deposition.
The deponent will be asked a number of questions related to the lawsuit by the attorneys on both sides. A court reporter who is present accurately records every question and answer in the deposition, and produces a transcript that can later be used at trial. Due to the exhaustive questioning that is characteristic of depositions, they may last several hours. Under the Federal Rules of Civil Procedure and its state equivalents, a deposition must take a maximum of seven hours per day for each deponent.
Questions asked at a deposition can be more wide-ranging than those that may be allowed in courtroom proceedings. For example, a witness to an automobile accident may be asked a series of questions such as:.
As depositions are a critical part of the litigation process, and can significantly affect the outcome of a trial, legal professionals strive to adequately prepare their clients for depositions. While deponents are required to be scrupulously honest in their answers to questions, the objective is to avoid common mistakes made by deponents.
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