If you’ve never been in a courtroom before, being asked to give a deposition may make you a little nervous. Understanding what is being asked of you makes it much less intimidating, so this post will include a brief overview of the process and related expectations.
What is a Deposition?
Essentially, a deposition is a question and answer session that takes place under oath. Depositions are frequently dramatized on television, but the truth is that they are typically very routine.
If you are asked to give a deposition, the defendant’s attorney will ask you questions about your background, previous medical history, the accident related to the case, the injuries you sustained, medical care received for those injuries, and how your life is affected by any restrictions or limitations related to the incident.
This is the first time the defendant’s attorney has the chance to meet, evaluate, and talk to you. It is possibly the most important event in your case, so it is important to take it seriously. Dress conservatively and speak in a respectful manner at all times. You will be asked to raise your right hand and promise to tell the truth; this oath is very important and should be taken seriously.
Who Attends a Deposition?
A court reporter will record all of the questions and your answers so that the interview can be transcribed. Your attorney will be present at the deposition to ensure that the questions are appropriate. A judge will not be present. The defendant could possibly be present, but will not be asking you for any information. You do not need to speak to the defendant at any point in the process.
Why is a Deposition Needed?
The deposition helps the defense attorney find out what you know about the issues in your case. It’s also a time to evaluate you in order to determine how effective you will be as a witness at trial. This is also a time for the defense attorney to discover your story in order to know what testimony you will present at trial. The plaintiff’s attorney also takes the deposition of the defendant for the same reasons.
The team at The Law Office of Tom Somos, LLC will be with you throughout the entire deposition process and will answer any questions you may have at that time. We conduct our depositions in a conference room to help keep the process as relaxed as possible.