What is a Deposition?
A deposition is an essential part of litigation. You may need to testify at a deposition whether you’re involved in a lawsuit due to an asbestos-related disease, an injury caused by another party’s negligence, or another civil lawsuit. It’s your opportunity to tell your story and present facts about your case.
A deposition is a question-and-answer session conducted outside the courtroom as part of a civil lawsuit. The parties’ attorneys pose questions, and the witness is under oath. Depositions (or depos, as they’re commonly called) are part of the discovery phase of a lawsuit, where both sides seek and provide information.
Why are Depositions Held?
There are several reasons why a deposition can be essential to a case’s outcome. Usually, depositions are held after the parties’ exchange information and documents concerning the case during the discovery process. Based on that evidence, both sides’ attorneys prepare questions for the other side and prepare their witnesses for the questions they expect the opposing party to ask.
Deposition testimony may fill in factual gaps in a case or provide explanations about how and why someone did or failed to do something. If a party or witness contradicts the evidence in the case, it’s a sign that the witness or the evidence may not be credible.
Attorneys for both sides can use what’s said at a deposition during a trial and how it’s said is important, too. A party or a witness may be calm, collected, and credible or nervous, their body language may show they’re being evasive or untruthful, or they may be very emotional. Based on how a party or witness does at a deposition, an attorney may be more or less willing to take a case to trial because they think a jury may respond positively or negatively to them.
Ideally, by the time depositions are over, both parties have a good grasp of the case’s evidence, and the strengths and weaknesses of the claims and defenses. All the parties’ cards should be on the table, so both should understand the case’s settlement value, which is why cases often settle through negotiations at this point.
Who Answers Questions at a Deposition?
Lawyers use depositions to gather information and facts from those who might have knowledge about the case. They can be:
- Parties to the litigation
- Fact witnesses who may have seen or heard something
- Treating physicians who may discuss your injury, diagnosis, and prognosis
- Medical experts may talk about how an injury occurred, how it affects the plaintiff, and expected future treatments
- An expert witness may investigate and have an opinion on how an accident happened and who’s at fault. Another expert may also discuss how an injury limits the plaintiff and how it impacts their future career and earning potential
Experts hired by both sides may be deposed.
What are the Rules for a Deposition?
They vary based on state and federal court procedural rules. The same types of questions and how they’re asked can be used at a deposition or during a trial.
Everyone at a deposition should behave professionally. Attorneys shouldn’t argue with each other, badger, or harass the other parties’ witnesses. Although parties may be very upset at what happened, this is not the time for emotional outbursts or accusations. One reason an attorney is present is to protect their client and witnesses from improper questions or conduct by the other party or their lawyer.
How Can I Make the Most of a Deposition?
Witnesses and parties should answer the questions and not go off-topic. If it’s a yes or no question, answer with a yes, no, or you don’t know. You should speak based on your knowledge of the situation and not speculate.
If you don’t know the answer to a question, it’s perfectly OK to admit that. If you need a document to refresh your memory, ask to look at it, then provide an answer. If you want to take a break before answering to speak to us privately, we can do that (but we can’t tell you what to say).
It’s easy to tell people to relax at a deposition because we’ve probably been involved in hundreds of them while they’ve never been to one. We prepare our clients and witnesses for depositions, so there should be no surprises. If the other attorney isn’t asking questions appropriately or behaving unprofessionally, we’ll stop it.
Being relaxed, in the moment, and taking one question at a time are keys to a successful deposition. Depositions are essential to litigation, and they are not picnics. But they shouldn’t be feared because when they go well, they’re just structured conversations without drama, where questions are asked and answered. Be yourself, be honest, and the rest will take care of itself.
Speak To A Satterley & Kelley, PLLC Personal Injury Attorney Today
If someone else’s negligence caused injuries to you or a loved one or you’re diagnosed with an asbestos-related disease, Satterley & Kelley PLLC lawyers can protect your interests and legal rights to compensation.
Schedule a free initial consultation by calling our Louisville office at 855-385-9532 to discuss your situation. If it’s more convenient, you may complete our contact form.