Why are depositions taken

Sometimes depositions are recorded by a stenographer, although electronic recordings are increasingly common. At the deposition, all parties may question the witness. Lawyers may not coach their clients' testimony, and the lawyers' ability to object to deposition questions is usually limited.

Depositions are usually hearsay and are thus inadmissible at trial. There are, however, three exceptions to the hearsay rule that are particularly relevant to deposition testimony. The first is when a party admits something in a deposition that is against his or her interest.

The second is when a witness's testimony at trial contradicts their deposition. The third is when a witness is unavailable at trial. Depositions may also be conducted by written questions.

Call us at 1 Home Legal Information Personal Injury. The Deposition in a Personal Injury Case. During a personal injury deposition, the plaintiff or another witness testifies under oath as part of the "discovery" process. What Is a Deposition?

Compelling a Witness to Attend a Deposition Subject to limited exceptions, you can depose any person who may have knowledge of the facts related to the lawsuit. There are several reasons for taking a deposition in different kinds of personal injury cases , including: to obtain important facts about the case to gather information about the strengths and weaknesses of the parties' arguments in the case to figure out how effective how credible, how sympathetic, etc.

How a Deposition Works In an Injury Case When either side of the personal injury case plaintiff or defendant wants to schedule a deposition, they must give give reasonable notice to all parties according to local court rules, but the deposition may be in almost any location.

Deposition Strategy In a Personal Injury Case As part of discovery, depositions are used to obtain information that will help your side of the personal injury case. In this case, deposition questions might include: When was the last time the stairs were inspected? How often do you perform maintenance work on the stairs?

Who is in charge of making repairs in the restaurant? How old is the restaurant building? Are there lights above or around the stairs? Have other patrons been injured on or around the stairs? Make the Most of Your Claim. Zip Code. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Talk to a Personal Injury Lawyer Need a lawyer? Start here. Practice Area Please select How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

If an objection to a question is made, the pause is the perfect time for the judge to do so. Confer with a lawyer : You have the right to speak to your attorney at any time privately during the deposition. Once you have answered, be quiet. You only can speak of what you know. The attorney might have suggestions if you try to explain a statement you gave. Keep your calm : Even if you are pressed hard, do not lose your temper. That will only benefit the other side. Stop Arguing.

Talk in exactly the same way you would talk to your attorney. Estimations : If you do not recall the exact time, or length of time, of an event, then state that you are giving an approximation of the time. Sign in to your account Account Login Username. Sign in.