A deposition is a formal proceeding where the oral testimony of a witness is taken. Depositions are transcribed by a court report or a stenographer. At a deposition, the attorney for one party will question the other party or the witnesses other party’s witnesses about the facts of the case and about any other matters which may be relevant to the claims or defenses being put forth.
If a party is served with a Notice of Deposition, he must appear. Failure to appear can result in the court issuing an ordering compelling him to appear. If he still refuses to appear, he may be held in contempt of court.
Depositions usually take place in the office of the attorney for the plaintiff or defendant. Typically, the attorneys for the parties in a car accident may choose to depose:
- The plaintiff and the defendant;
- The passengers in the car with the defendant;
- The passengers in the car with the plaintiff;
- Any witnesses to the accident;
- Anyone who may have information about the activities of the either driver in the hours before the accident occurred;
- The plaintiff’s physicians;
- The plaintiff’s spouse; and
- Any expert witnesses who may be testifying in the case.
How Is a Deposition Used?
A deposition may be used in a variety of ways. One of the most important functions it serves is to allow the attorneys to gauge a witness’s credibility and effectiveness. If a witness, particularly the plaintiff or a defendant, will not be a credible and effective witness, that fact may be used as leverage in settlement negotiations.
A deposition may also be used to impeach a witness at trial. If a witness takes the stand and gives testimony that contradicts the testimony he gave in his deposition, it can be used to show that he is not a credible witness.
Getting Legal Help
Not only is it imperative to have a personal injury attorney if you wish to depose the opposing party or his witnesses, it’s also important to be represented by a personal injury attorney if you are being deposed. Having a personal injury attorney conduct a deposition or represent you when you are the deponent is the best way to protect your interests and ensure that you do nothing to damage your case.
