A deposition is a legal, formal question-and-answer session that occurs outside of a courtroom. It is similar to any other testimony given by a witness during a trial or other proceeding in that both sides of the case get to ask questions and responses are given under oath and the deposition is recorded.
Giving a deposition does not mean you won’t be called to testify during trial proceedings later on. Then why have a deposition in the first place?
There are a few reasons:
- The primary purpose of a deposition is discovery, to determine what facts of the case the witness has knowledge of. Depositions help both sides get a clearer picture of the case, and may help the parties reach a settlement before going through a long expensive trial.
- The other crucial purpose of a deposition is to preserve witness testimony. Courtroom proceedings can be intimidating to some, especially victims and children. The presence of a jury and a courtroom full of spectators can be overwhelming and can affect a witness’s ability to even give testimony let alone remember important facts or answer questions confidently. A deposition helps preserve not only the content but also the tone in which the original testimony was given.
- Preservation of testimony via deposition is also important in the event a witness passes away before they are able to give courtroom testimony. It can also be used to identify any discrepancies in the witness’s story which could validate or invalidate their credibility.
What should you do if you have received a Notice of Deposition? You should contact an experienced attorney if you don’t already have one. A lawyer can help you prepare for a deposition and address any questions you may not have anticipated. You can also voice any concerns you may have regarding your involvement in proceedings. Court proceedings are intimidating for many people, consulting with an attorney may help you feel more confident in your answers and more comfortable with the examination process in general.
The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.