If you are involved in a lawsuit or court action, you may have been asked to give a deposition. A deposition is defined as the taking of sworn, out-of-court oral testimony of a witness. This testimony is typically provided in the form of a written transcript for later use in court. Depositions are commonly used in litigation, and are routinely conducted by the lawyers themselves. The statements are taken out of court, usually without the judge present.

While a deposition usually takes place in a law office, depositions can be taken anywhere if the right people are present. The attendees include the person who is to be deposed, their legal representative, and a court reporter. Any party to the action and their attorneys have the right to attend and to ask questions.

What Are the Steps in a Deposition?

Prior to the official deposition proceedings, the court reporter administers an oath to the person being deposed. This is the same oath they would swear to in a court of law in front of a judge.
The court reporter then creates a verbatim record of all that is said during the deposition, just as would happen in an official court proceeding. This record can be digital or stenographic.
The attorney who has ordered the deposition begins direct examination. The witness is instructed to answer all questions aloud, not with nods or gestures.
After the direct examination is completed, other attorneys may cross-examine the witness.
The first attorney is given the opportunity to ask more questions after opposing attorneys are finished. The second round of questioning is known as re-direct and re-cross.
Attorneys may object to questions asked during the process, although rule of evidence objections are generally reserved until the trial.

Why are Depositions Useful?

The primary value of a deposition is to provide all litigant parties in a contested case a fair preview of the evidence, avoiding surprises at trial. The deposition process offers a “level playing field” of pertinent information.

Another reason attorneys may opt for taking depositions is to ensure that the recollection of the witness is as clear as possible. Oftentimes, the trial is months or years in the future, and details can get fuzzy. If during the trial a witness contradicts his own deposition, it can be introduced in court. These documents also prove invaluable if a deposed witness is unavailable at the time of trial, allowing their testimony to be entered into the record – in many cases as if it were live testimony.

Many times, after witnesses have given depositions, the attorneys and their clients will have enough information on hand to determine the likely outcome of a trial. In these cases, they may decide to settle their case, avoiding trial and minimizing costs.

Preparing for Your Deposition

Your attorney will help you to understand what you can expect at your deposition. The main thing to remember is to simply stay calm, and to not allow yourself to get to stressed and scattered. Recount your experience in a calm demeanor, and answer questions with as few words as possible. Your attorney may practice keeping your answers “short but sweet” in order to not offer too much information which could be used against you in a way you do not expect. You should get plenty of sleep the night before, and avoid any type of stimulants, even coffee, if you are not used to their effects on you.

The attorneys at Probinsky & Cole will explain every part and process of your case. You never need to feel uninformed or unsure – just ask! If you think you may have a case or if you are being asked to provide a deposition, give us a call We are here to help.