WHAT IS A DEPOSITION?

WHAT IS A DEPOSITION?

A deposition is an interview, under oath, that requires answering questions regarding a lawsuit that you are in some way involved in. You may need to do this because you are one of the parties named in the lawsuit, you are someone who witnessed an accident or injury occur, you know about the events or legal issue at hand, or you are an expert regarding a situation within the case. A wide range of individuals can be deposed during a lawsuit, though who is ultimately called to undergo a deposition depends on the attorneys involved in the case.
If you have been contacted about a deposition or received court papers demanding you attend a deposition, contact a New Orleans attorney today. This may be an expected part of a lawsuit you are involved with or it may come out of the blue. Either way, The Burrell Firm LLC can help you prepare for this interview.

WHAT HAPPENS AT A DEPOSITION?

Depositions generally do not take place in a courtroom. Usually, they are held at an attorney’s office. Your deposition interview could be brief, less than an hour, or it could take place over a period of days. While the questions and answers don’t generally take place in court on the witness stand, they are on the record. Your testimony will be recorded in some way, such as through a court reporter, audio recording, or videotaped. Video recording a deposition is often used if you may not be able to attend the trial in the future.
You have the right to have an attorney present during a deposition. If you are a party to the lawsuit, you should absolutely have legal counsel. You will answer questions from attorneys on both sides of the lawsuit. Most of these questions will make sense and will be directly related to the lawsuit. However, lawyers also have significant leeway to ask questions that may be indirectly or barely related to the subject of the lawsuit. Your attorney can object to a question, but there is no judge present. The objection is merely noted and you may be required to answer the question anyway.
You are under oath during a deposition and should always tell the truth. There can be penalties if you are found to be lying. If you realize you made a mistake or gave incorrect information, you should immediately fix the mistake and provide the accurate answer.

WHEN DOES A DEPOSITION TAKE PLACE?

Depositions occur during the discovery portion of a lawsuit, when both sides of the suit are attempting to gain evidence and build their arguments and defenses. The discovery portion of a lawsuit can last months, so there is no way to tell exactly when your deposition will take place. Your attorney will need to be in contact with the other side’s attorneys to schedule your deposition within the appropriate time frame.

WHY DO ATTORNEYS TAKE DEPOSITIONS?

The purpose of a deposition is twofold. One goal is to learn what a witness knows about the situation and another is to solidify that witness’s testimony for trial. Depositions are crucial because both sides want to have all the information before they head into a trial. Also, this testimony is important because it can be referred to during trial and used to determine if a person provides false or different information on the stand.

HOW IS A DEPOSITION DIFFERENT THAN TESTIFYING AT TRIAL

A deposition can seem like testimony at trial because witnesses must answer questions from both side’s attorneys while on the record and there may even be objections. However, deposition testimony is far different than what goes on in the witness stand. When witnesses are on the witness stand in court, their testimony has been planned with their attorneys. They know their attorney’s questions and how to best answer. They will also have prepared for potential questions for the opposing party and how to answer these as well. Witness testimony during a trial is meant to bolster a certain side’s argument. This is not the case during a deposition.
Depositions are fact-finding missions. Attorneys want to know what all potential witnesses know about the circumstances that led to the lawsuit. Some of this information will be good for their argument, some of it will be bad. It is crucial that both sides find out negative information before trial so that they can anticipate how it affects their case and the likely outcome.

CONTACT A NEW ORLEANS PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a New Orleans lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

CONTACT A RUSTON PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a Ruston lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

CONTACT A MONROE/WEST MONROE PERSONAL INJURY ATTORNEY FOR MORE INFORMATION

If you have been injured in an auto accident, you should have a Monroe/West Monroe lawyer represent you. After an accident, knowing how much your case could be worth isn’t readily available. An experienced lawyer from The Burrell Firm LLC can advise you and help you determine how much your case is worth.
Call us today at (504) 533-0006 to schedule a free initial consultation.

2019-03-18T07:56:41+00:00 March 18th, 2019|