{"id":12124,"date":"2020-11-20T07:00:06","date_gmt":"2020-11-20T13:00:06","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=12124"},"modified":"2023-02-02T14:05:51","modified_gmt":"2023-02-02T20:05:51","slug":"what-happens-during-a-deposition","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/litigation\/what-happens-during-a-deposition\/","title":{"rendered":"What Happens During A Deposition?"},"content":{"rendered":"

So you are told that your deposition will be taken. What does this mean? What do you need to know? What will happen? First, you need to have a basic understanding of what a deposition is. Simply put, a deposition is a tool for discovering facts and information by asking questions of a person. It is always done in connection with a lawsuit, either pending or potential. (In this article, we only discuss an oral deposition, but depositions can be done through written questions following certain rules.)<\/p>\n

What is a Deposition?<\/h2>\n

If you are a party to a lawsuit, a witness to an accident, a colleague or friend or family member that knows what happened, among many other reasons, you may be requested (or required) to give a deposition. An oral deposition is an opportunity for both parties of a lawsuit to explore and discover what knowledge and facts you have in your memory and understanding.\u00a0 During a deposition, the witness is under oath, just as if they were in a court in front of a judge and jury. The deposition is recorded and transcribed by a certified court reporter, and the transcript can be used at trial as admissible evidence.<\/p>\n

Typically, the deposition is requested by one party to get information from the other party, the other parties\u2019 witnesses, or third party witnesses.\u00a0 All parties can ask questions, but usually one party asks hours of questions while the other party saves their questions for trial.\u00a0\u00a0 In an oral deposition, the attorney conducting the deposition will ask the witness questions and attempt to create a conversation whereby the witness volunteers and provides all facts in the witness\u2019 memory banks.<\/p>\n

In general, the parties request depositions after exchanging key documents like emails, texts, contracts, police reports, medical records, other communications, and any other relevant writings.\u00a0 Therefore, depositions are taken in the middle of the case to allow the transcripts to be used as evidence and\/or to record someone\u2019s testimony that may not be available at a trial.\u00a0 Because you are under oath, the opposing party can use your words as evidence in the lawsuit.<\/p>\n

Why is a Deposition Important?<\/h2>\n

There are many reasons a deposition is important: (1) the sworn testimony can be used in pre-trial motions to get rid of the claims; (2) find out exactly what a witness knows and will say at trial (3) apply pressure for a settlement; and (4) limit the witness to stating same testimony at trial, or face being called a liar.<\/p>\n

A few important points:<\/h3>\n