Depositions stand out as one of the most important parts of going through a legal process. They are testimonies that are taken under oath outside courtrooms, with discovery purposes. The deposition is utilized to gather data and the testimony can be then used in court. This is possible in federal and state cases.
What Should You Know Before The Deposition?
Before being deposed, according to Washington DC personal injury attorneys, there are some very important things you have to be aware of, like:
- You need to receive notice – When represented by an attorney, adequate written notice has to be given to the lawyer. If you decide you do not want to testify, a subpoena might be issued and it will force you to comply. The notice has to be given to everyone involved in the lawsuit. It also has to include details about the person deposed, together with the location and time for the deposition.
- You are under oath – You can be tried for perjury in the event that your testimony is not the truth. So, you need to always say the truth in depositions.
- Your attorney can be there – You are allowed to have an attorney by your side during the deposition.
What Should You Expect During The Deposition?
Typically, the deposition happens during a meeting place like a conference room, not inside a courtroom. At the bare minimum, you have to expect the fact that there is an attorney present for every party involved. There should also be a person who is authorized and allowed to take oaths. The testimony is going to be recorded. Oftentimes, it can also be transcribed.
The deposition starts when the officer states his name, the date, location, and time of the event. After, you will be asked if you agree to take an oath, which is similar to what you see when you are testifying in court. This is meant to make sure that the testimony will be truthful. The present officer also has to identify every single person present in the room.
After preliminary matters are satisfied, questions are asked by the party who wanted to have the deposition. The attorney that represents you or another one involved can make objections, just like in a trial. In most cases, you have to answer questions even if there are objections. However, the answer will not be admissible during the lawsuit.
When the deposition is over, the present officer is going to note the ending time and will put it on record. Federal rules actually limit a single deposition to a maximum of seven hours per day. The court has to be petitioned when there is more time that is required for a proper deposition. After the transcript of the deposition is complete, 30 days are available to review or to make all necessary changes.
Basically, if you do receive a notice and you have to go through a deposition, you need to talk with your personal injury attorney before the deposition. You will thus get help so you can properly prepare for what will happen.
