What To Expect During A Deposition
Pursuing a lawsuit is a lengthy process. There are lots of steps and certain things that have to happen before a case can be resolved. One of the critical steps of a lawsuit is discovery. During discovery, both sides exchange information and gather evidence to support their claims or defenses.
Depositions are a common part of the discovery process. A deposition is the oral testimony of a witness outside of a courtroom. Typically, a deposition consists of a lawyer asking the person being deposed questions. The person being deposed will then respond under oath. Depositions are generally pretty simple and straightforward.
In our cases, the defendant may choose to depose the injured party or loved ones who were a witness to the medical malpractice. Our firm may choose to depose a representative from the defendant facility or doctor who allegedly performed the malpractice.
If you have never sat through a deposition, it can seem overwhelming. However, there are a few helpful tips to keep in mind during the deposition process:
Always be honest.
Answer each and every question asked to the best of your ability. Depositions are taken under oath. If a question is not answered truthfully, the person can be held responsible under the penalty of perjury.
Don’t be nervous.
A deposition is just a question-and-answer session between the attorney and the person being deposed. Generally, the attorney will begin with background questions, and then will begin to ask questions that are specific to the case. All the court wants is for you to answer each question to the best of your ability. Your attorney will do an in-depth prep call prior to your deposition to go over what questions may be asked, the proper way to respond, etc.
Be patient.
The court reporter will be recording everything that is said. If he or she can’t hear as happens when people talk over each other, it can slow down the deposition process. To help the deposition go as smoothly as possible, you should:
Speak slowly and clearly so the court reporter can hear.
Make sure to wait until the question has been finished before answering.
Don’t interrupt the attorney asking the questions.
Depositions occur in all types of lawsuits. Remember, while this may be your first deposition, the attorneys at Powers Taylor have sat through hundreds of them. We will make sure you are prepared and only asked questions pertinent to the case.