If you were injured in an accident and your lawyer has filed a personal injury lawsuit, you, the defendant, witnesses, or other people who have knowledge of your case may be required to attend a deposition. You might be wondering, “What happens at a deposition?” While each case is unique, depositions usually follow a pattern. Your lawyer will provide you with advice about how to handle depositions and ensure you understand what happens at a deposition before one is scheduled in your case.
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A personal injury lawsuit evolves in four main stages: discovery, settlement negotiations, trial, and appeal. A deposition may be taken in which phase of the lawsuit? The answer is the discovery phase, which refers to the process of collecting and exchanging evidence in a case. Depositions are a critical part of this phase, giving each side an opportunity to gather sworn statements from the parties involved in the accident and anyone else who might provide relevant testimony.
The results of a deposition often turn the tide of a case. Therefore, it is important to work with an experienced lawyer beforehand. Your attorney will make sure that you are well informed about your rights, the governing law, and the dynamics of your case before going in. At Butler Kahn, our personal injury attorneys are ready to evaluate your accident and guide you through all stages of your case. Call us today for a free consultation.
After a lawsuit is filed, both parties have the right to conduct a formal investigation, called discovery. One of the most important discovery tools parties can take advantage of is a deposition. A deposition is an oral examination of a party or witness before trial that is taken under oath and recorded.
An attorney questions the party or witnesses about the facts, details, and circumstances of the case to gather information and prepare for trial. Depositions are often scheduled pursuant to a subpoena, which requires the person being deposed to appear at a specified place on a specific date and time. Depositions often occur in an attorney’s office or conference room rather than a courtroom.
The first phase after filing a lawsuit is a process known as “discovery,” in which all parties exchange evidence in the case. Depositions are an important component of this process in which individuals with information relevant to the case provide their sworn testimony. Individuals who give out-of-court testimony in a deposition are known as “deponents.” After their deposition, they are said to have been “deposed.”
Depositions most often take place at the office of one of the attorneys representing either party, but not always. The question-and-answer format in a deposition mimics the process of giving testimony in court, in which lawyers from both sides of the dispute ask questions to which witnesses then provide answers under oath.
Though attorneys from either side may object to questions, the rules governing the exchange vary across jurisdictions. In all cases, however, the person giving testimony is required to answer truthfully. Failure to do so can lead to legal consequences later on.
Learn more: For a video presentation by Tom Giannotti of Butler Kahn explaining depositions further, see What is a Deposition?
Depositions help attorneys prepare to resolve the case or for trial. During a deposition, attorneys:
The plaintiff, defendant, and their attorneys are usually present at a deposition. A court reporter is also present. In some cases, a videographer is present to record a video of the testimony that is given.
The person being deposed will also be at the deposition. Generally, anyone who knows facts about the case can be called for a deposition. People who are commonly called witnesses at personal injury depositions include:
During a deposition, the opposing counsel typically asks questions to the witness. For example, if you are being deposed, the defendant’s attorney will typically be questioning you. Your own lawyer may follow up with some of their own questions. Attorneys can make limited objections during a deposition, but most of the time, the questioning will continue.
All questions are answered under oath, so you are required to answer truthfully. The court reporter records the testimony. What you say during the deposition can be used in court later if your case goes to trial.
If you are deposed about the accident, you can expect to answer questions about:
Because depositions can have a significant impact on the outcome of your case and any settlement you are offered, it is important to understand what happens at a deposition and what to expect. An experienced personal injury lawyer from Butler Kahn can guide you through this process when you hire us to represent you in your accident case.
After the deposition, the court reporter prepares a written transcript and sends copies to the parties. The lawyers review the transcript for any inconsistencies or mistakes. The written transcript can potentially be used at trial. In many personal injury cases, a settlement offer may be made after depositions are completed because the attorneys have a better idea of the strengths and weaknesses of the case.
Because depositions often represent watershed moments in the development of a case, the process of collecting and evaluating them is taken very seriously by attorneys on both sides.
Georgia limits depositions to seven hours on one day unless the parties agree or the court orders otherwise.
Sometimes depositions are conducted in writing rather than in person. In these cases, each side submits questions and answers to the other. Just as in an oral deposition, all answers must be truthful. A significant benefit of written depositions is that they are much more affordable.
On the other hand, this method eliminates the conversational aspect of an oral deposition, which can significantly diminish the value of the testimony because attorneys on each side cannot follow up on a deponent’s answers. Therefore, this kind of deposition may be reserved for neutral deponents who are more likely to tell the truth, scenarios in which the testimony can be cross-checked, or situations in which the spontaneity of the testimony is unimportant.
When a personal injury case goes to court, lawyers on both sides may conduct a deposition on witnesses to obtain relevant facts about the accident and prepare their cases for trial.
Depositions often occur in personal injury cases such as:
Depositions allow opposing parties to assess the strengths and weaknesses of each other’s cases. Before they go to trial, each lawyer wants to learn as much as possible about what a witness could say on the stand and decide whether their testimony will help or hurt their case.
Witness testimony can be pivotal in an injury case, capable of swaying a judge or jury. A strong witness can convince the court of a defendant’s negligence. Each attorney can decide whom to depose and whether using their testimony at trial is a good idea.
Typically, a court reporter, the deposing attorney, the person answering questions under oath (deponent), and the deponent’s attorney will attend a deposition. The court reporter’s job is to record everything everyone says and compile a transcript for both sides to review afterward.
In some cases, yes. The deposition is a test for each attorney to learn about the other side’s evidence and determine whether their witnesses could perform well on the stand. A case may settle after depositions because attorneys get a preview of the case. When the attorneys have a better idea of the strengths and weaknesses of their case, they may be more likely to settle the case.
Also, the defendant may believe they will lose at trial, given the strength of the evidence against them. They may prefer to settle the case than risk being ordered to pay more damages after a trial.
Mediation is an alternative dispute resolution method involving opposing parties going to a neutral third party (mediator) to help resolve disagreements. Mediation doesn’t always happen in personal injury cases and isn’t subject to a specific timeline when it does.
In Fulton County, Georgia, parties may be ordered to mediation, or a party can request it. When mediation is necessary, it usually doesn’t happen until several months after the accident. Before both sides agree to mediation, their lawyers often conduct investigations, gather evidence, depose witnesses, and attempt one or several rounds of independent negotiations. These processes take time.
One attorney might want to schedule a mediation immediately after deposition because they realize their chances at trial are minimal. Alternatively, a lawyer might decide to continue preparing for trial after a favorable deposition because they believe they can win.
The idea of a deposition can be intimidating and stressful, especially if you have never had to attend one before. Review these tips to understand how you should or shouldn’t act at a deposition and prepare yourself accordingly:
Trying to wing it during a deposition is never a good idea. If you must attend a deposition soon and haven’t already hired an attorney, consider hiring one before your deposition so that you can properly prepare with the help of a qualified legal professional. Legal representation is worthwhile in any personal injury case, and it’s essential when your injury case goes to court.
To prepare, it’s a good idea to meet with your lawyer before the deposition, review the facts of your case, and practice the testimony you’ll provide. You can also look through the available evidence and documentation for your case so you can answer questions to the best of your ability. Your attorney can coach you through the process and support you every step of the way. If you’d like to talk to us about your situation or get some tips on depositions, call or contact us online. There’s no charge to speak with us about your case.
If you were hurt, contact the Butler Kahn for help. A personal injury attorney can help prepare you for your deposition, advise you on how to answer questions, explain what happens at a deposition, and conduct their own depositions to support your case. We provide a free case review. Our attorneys are here to help 24/7.