What happens during a deposition?
I am scheduled to testify at a deposition for a personal injury/auto accident. I am the injured person. I am just curious to know what happens at a deposition. Has anyone ever testified at one? How long does it take? I did a little research and I have read that they can sometimes be really drawn out and unpleasant.
Answers:
Yes, they can be, but those are in cases where the facts are hotly disputed and the lawyers are over-zealous. For an auto accident, they're usually pretty mild, but depending on the amount of evidence, it could take a while -- plan for at least one day, and maybe two.
It's like testifying in court, only it's in a conference room usually, and everyone is sitting around a table, and it's much more informal. Just keep in mind that there will be a court reporter and you have to tell the truth and the whole truth, just like you would in a trial.
The idea of a deposition is to get all of the facts before trial or in a case that will likely settle before trial -- but there's nothing to worry about. Your attorney will also meet with you beforehand to tell you about the kinds of issues with the case that might come up.
Just relax and be truthful, and remember that you can always ask questions yourself, or ask for a break or for clarification of a question.
It depends on the lawyers for both sides. And what the evidence is of who is at fault and whether the other person thinks it's your fault or whatever. It is in a few words, a question and answer session. They ask you questions and you answer them with the truth. Lots of things can make it go on a long time. Especially if the other person is disputing fault and/or responsibility.
You sit in a room with lawyers from both sides. A court reporter is present. One lawyer asks you questions. The other lawyer objects to the question.
The defense wants to find out who you are, what are your injuries, what are your expenses. They want to try to find out if your claim is legitimate or not.
it is your attorney's job to prepare you for the deposition. The defendant's attorney will ask you questions about your prior medical history, how the accident happened, your medical treatment since then, and the damages you are claiming. You will be under oath and have to answer all questions truthfully. A court reporter will take down everything everyone says. This will be made into a transcript which will be admissible in court. Your attorney may object to certain questions from the other attorney, usually to the form of the question (vague or mis-states facts) or privilege (asking about communications between you and your attorney). Speak clearly and loud enough for all to hear. When a question is asked, wait a few moments before answering and make sure you understand the question. If not, ask them to repeat or rephrase the question. You may take a break at any time. It should not last more than a couple of hours unless you have an extensive medical history or a number of previous accidents and injuries. Dress appropriately (business casual) as the deposition may be video-taped. Do not make jokes or be sarcastic. The humor will not come through in the transcript. No need to be nervous about it. Good luck.
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