The deposition process plays an essential role in most legal cases, especially in civil lawsuits. A deposition is part of the pre-trial discovery phase, where attorneys for both parties gather information and evidence. If you’re unfamiliar with the deposition process, this guide will walk you through the basics, including what to expect and how to prepare.
What Is a Deposition?
A deposition is a formal meeting where a person answers questions under oath. This is often done in a lawyer’s office, but sometimes it may take place in a neutral location, like a conference room (or a court reporting office). During the deposition process, the person being questioned, known as the deponent, provides verbal testimony, under oath, that is recorded via a written transcript by a court reporter. This testimony can later be used in court, either to gather facts or to challenge a person’s statements if their testimony differs during the trial. Depositions allow both sides of a legal case to better understand the facts and details of the case. Witnesses, plaintiffs, defendants, or anyone with relevant information may be called to give a deposition.
Who Attends a Deposition?
Several individuals are typically present during the deposition process. These include:
- The deponent: The person answering questions.
- Attorneys: Lawyers for both parties. They will ask questions and raise objections when necessary.
- Court reporter: The court reporter transcribes everything said during the deposition.
- Videographer (optional): In some cases, depositions are recorded on video, especially if a witness cannot attend the trial in person.
- Interpreter (if needed): An interpreter may be present if the deponent speaks a different language or requires assistance.
What to Expect During a Deposition
If you’re going through the deposition process, it’s natural to feel nervous, especially if you’ve never experienced one before. Here’s a basic rundown of how things usually unfold:
- Swearing in: The court reporter will begin by swearing in the deponent, reminding them that they are under oath, just as if they were testifying in court.
- Questioning: Attorneys from both sides will ask questions. Typically, the opposing counsel or noticing counsel will go first. The questions could cover a wide range of topics related to the case, but they must remain relevant to the issues in dispute.
- Objections: Attorneys may raise objections to certain questions, but based upon local rules or unless the question is improper (like asking for privileged information), the deponent will still be required to answer.
- Transcription: The written record that the court reporter records of everything said during the deposition. This official record will be available to both parties for review.
Common Deposition Questions
Although each deposition varies depending on the case, there are common types of questions you can expect during the deposition process. These questions might include:
- Personal background information (name, address, employment history)
- Details about your knowledge of the events or facts of the case
- Clarification of prior statements or actions related to the case
The key to answering questions during a deposition is honesty and clarity. You are under oath, so lying or providing misleading information can have legal consequences. If you don’t know the answer to a question, it’s perfectly acceptable to say, “I don’t know.”
Tips for Preparing for a Deposition
Preparation is crucial to ensure that the deposition process runs smoothly and that you feel confident answering questions. Here are some practical tips:
Review Relevant Documents
If you have documents related to the case, review them carefully. This includes contracts, emails, reports, or any other information you may be asked about during the deposition. You want to be familiar with the facts, but there’s no need to memorize every detail.
Practice Answering Questions
Attorneys often suggest practicing answering questions with your lawyer before the deposition, oftentimes referred to as witness preparation. This helps reduce anxiety and allows you to get used to the types of questions you might face. Remember, your answers should be short and to the point. It’s important to answer only the question asked without volunteering additional information.
Dress Appropriately
Although depositions are less formal than court hearings, it’s still important to dress in a professional manner, particularly when a deposition is being videotaped. Your appearance can influence how others perceive you during the deposition process.
Stay Calm and Composed
It’s normal to feel anxious, but keeping your composure during the deposition is essential. If you don’t understand a question, ask for clarification. If you need a break, you are allowed to request one.
What Happens After a Deposition?
After the deposition, the court reporter will prepare a transcript of everything said. Both sides can review the transcript to ensure its accuracy. Sometimes, the deponent may have the opportunity to review and correct minor errors in the transcript. The deposition may or may not be used at trial. Sometimes, attorneys use depositions to find gaps in a witness’s story or to confirm their credibility. If a witness’s testimony at trial differs from what they said during their deposition, lawyers can use the transcript to highlight inconsistencies.
Get Professional Support for Your Deposition
The deposition process is a critical part of the discovery phase in many legal cases. Understanding what to expect and how to prepare can make the experience much less intimidating. By working closely with your attorney, reviewing important documents, and staying calm, you can confidently navigate the deposition process.
Remember, depositions are about gathering facts. They’re not a courtroom battle, but they are still a serious legal procedure that requires careful attention and honesty. If you have questions or concerns about the deposition process, you don’t have to handle all of this on your own. Learn more about our legal discovery services & virtual depositions and contact us to schedule a deposition today.