We often hear of many high profile cases in terms of depositions of key witnesses. Celebrities from Donald Trump to Lil Wayne have been deposed in lawsuits. But what is a deposition and why is it so important in civil cases?
The Discovery Process
In a civil lawsuit, all parties conduct discovery according to the civil rules in that court. Civil discovery is similar to the investigation phase of criminal cases. the parties conduct discovery to find out more about the case and the parties involved. Allowing the parties to a lawsuit to access information from the other parties allows the parties to use facts and potential evidence to better narrow the facts and issues in the lawsuit. The parties can define their strategies and avoid delays once the trial begins. In many cases, what’s learned in discovery helps the opposing sides come to a settlement without having to go to trial at all. Discovery can come in a number of different forms, with the most common being requests for relevant documents, requests for admissions of fact or law, interrogatories (or written questions), and depositions.
A deposition is an oral statement, in question-answer form, of a witness before trial, under oath and penalty of perjury.
The Basics
Unlike other forms of discovery where the parties seek information recorded in documents or the attorneys’ answers to admissions or interrogatories, a deposition involves a living, breathing witness being asked questions about the case. The deposition has two purposes: (1) find out what the witness knows and (2) preserve that witness’s testimony. Depositions allow the parties to learn all of the facts before the trial, so that no one is surprised once that witness is on the stand. Despite what countless movies and TV shows would have you believe, springing a surprise witness at the eleventh hour of a trial is regarded as unfair and generally not allowed. By the time of trial, the parties should know who all of the witnesses will be and what they’ll say during testimony.
A deposition is an opportunity for understanding the case better, whether it’s good or bad for the side taking the depositions. If, for example, a witness’s version of events would undermine your case, that’s something you’d need to know about long before trial. The last thing you’d want is to be caught off-guard by hearing damaging testimony for the first time at trial. Depositions offer an opportunity for all sides to learn where the weak spots are in their respective cases, then prepare for ways to avoid or rebut them prior to trial.
How Depositions Work
Depositions usually take place in an attorney’s office, not a courtroom. The judge is not present, just the witness, attorneys, and a court reporter. The entire deposition is recorded, word-for-word, by a court reporter and a transcript is produced at a later time. A deposition can also be videotaped.. Often the deposition is video recorded so the video can be played at trial –– if need be. The attorneys ask the witness, or deponent, a series of questions about facts and events related to the lawsuit.
All parties to the case may attend the deposition and a deponent often has his or her attorney present. However, the attorney representing the despondent has a more limited role than the attorney would have in a courtroom. Deposition questions can generally be broader than what is allowed in court at trial. Attorneys for the deponent or parties to the lawsuit may make objections to some questions. But the deponent is usually obligated to answer questions despite objections because the objections will get ruled on later by the judge. The deponent does not ask any questions. He or she only gives answers.
How long are depositions?
It depends. A deposition can be as short as fifteen minutes or a long as a week or more for a heavily-involved witness. Most depositions are completed in a single day and last between 3-7 hours. Depositions are very serious matters. A deponent’s answers at a deposition are very important. Deponents should listen to the questions carefully and answer them precisely. Remember, deponents are under oath. False statements made under oath can have both civil and criminal penalties.
When Are Depositions Necessary?
The number and necessity of depositions in a particular case depends on the unique facts and circumstances of each case. Some cases only need one or two depositions, while other cases may need dozens of depositions. In many lawsuits depositions play an important role in creating a more complete picture of the events in question.
Most personal injury lawsuits require, at a minimum, witnesses from both sides to give depositions. Your attorney representing you in your personal injury lawsuit should take time to prepare you for your testimony and provide you with detailed insights about how to answer questions in order to effectively communicate your story to the other side and, potentially, the jury at trial.
At Bennett Injury Law, we are experts in preparing witnesses for providing deposition testimony. We are routinely hired by lawyers across the country to prepare their witnesses for testifying in court and at depositions.
