A deposition is a testimony that you provide during the discovery process in a civil lawsuit. If you have received a subpoena to give a deposition, there is no need to worry. The deposition process is very simple. In this article, we will answer your deposition questions.
What Is a Deposition?
A deposition is a testimony that a witness gives during a deposition hearing. At the deposition hearing, the witnesses will be sworn in, and then the lawyers will ask the witness questions. The witness must answer all questions truthfully as they have been sworn in. The deposition is recorded, and all of the witness’s answers will be transcribed after the deposition hearing.
The witness is usually a key witness and somehow knows one of the parties involved in the civil lawsuit. If that is the case and the witness is cooperative, they will not need to be subpoenaed. If the witness is not cooperative or they do not know any of the parties involved, they will often be sent a subpoena to require their presence at the deposition hearing. A subpoena means that the witness legally has to appear at the deposition hearing.
The deposition hearing happens before the trial, during the discovery. This is where each party will examine the evidence that both sides are presenting and start to prepare their case.
Why Are Depositions Necessary?
Most civil lawsuits will conduct a deposition. The main reasons to hold a deposition are:
- To ensure witnesses do not change their testimony – The deposition responses are recorded, so it is obvious if a witness changes their testimony at the trial.
- To help the witness remember details – It may take months or years for the trial date, so the deposition transcripts will help jog the witness’s memory on their testimony.
- To discover the facts – A deposition helps the lawyers to understand the facts of the case so they can make decisions about how to prepare the case.
- Records testimony – If the witness dies, is ill or fails to appear in court, the testimony has been recorded. The court will be able to play the deposition recordings so the witness testimony can be admitted.
What Should I Do At a Deposition Hearing?
The deposition hearing can impact the impact of the whole case. Often lawyers will make decisions on whether to proceed to trial or to settle based on the deposition. It is important you take the deposition seriously. Here are some dos and don’ts for a deposition hearing.
At the deposition hearing, do:
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- Dress professionally – If in doubt, dress as if you were attending a job interview. Look professional and well-groomed.
- Be honest – Do not lie to sway the outcome of the case; only present the facts that you know. The deposition hearing will consist of multiple witness testimonies and documentary evidence, so lawyers will be able to poke holes in any lies you tell. It will discredit you as a witness if you lie.
- Think before answering questions – Take a moment to consider the question. Everything is recorded and will be presented at the trial. By pausing, the lawyers also have a chance to object.
- Take a break – Depending on how key your testimony is to the case, your deposition could take all day. The lawyers will keep asking questions until they feel like they have all the facts they need. Remember to take breaks when you need it. Stop for lunch, ask for bathroom breaks or to take a short break for some fresh air. This will help you to concentrate better and not become overwhelmed.
- Dress professionally – If in doubt, dress as if you were attending a job interview. Look professional and well-groomed.
At the deposition hearing, do not:
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- Volunteer information – The lawyers will ask you questions, keep your answers short and only give the information they are asking for. If you give long answers with lots of information, it could be used against you by claiming you contradict yourself.
- Give opinions or speculate – Stick to the facts. If you do not know the answer to the question, then say so. If you are unsure what they are asking, you can ask for clarification. Do not speculate; you can say, “I am not sure.”
- Argue – Do not argue, no matter how unfair the questions are or how argumentative the lawyers are being. If you need to take a break to keep your cool, ask for one.
- Respond to statements – A lawyer might use statements to try and get a rise out of you. Do not react to them; you are there to answer questions, nothing else. If there is no question, do not respond.
- Volunteer information – The lawyers will ask you questions, keep your answers short and only give the information they are asking for. If you give long answers with lots of information, it could be used against you by claiming you contradict yourself.
Do I Need a Lawyer At a Deposition?
As a witness, you may need a lawyer at the deposition. They will be able to answer questions about the deposition and what to expect. They will also be able to prepare you for the deposition and assist you at the deposition hearing. Here are some things to consider when deciding if you need an attorney:
- Preparation – The lawyer will prepare you for questions you may be asked and get you used to invasive questioning so that you do not become flustered. They can train you how to answer questions in a deposition and how to stay calm.
- Check your public profile – The lawyer can help you to check your online presence to see if there is any information out there that might contradict your testimony.
- Object at the deposition – Your lawyer will object to inappropriate questions such as leading questions or ambiguous questions. The lawyer will be able to protect you from these types of questions.