4 Things To Know About The Deposition Process For A Personal Injury Lawsuit As A Witness

Law Blog

If you are being called on as a witness to give a deposition for a personal injury lawsuit, it helps to familiarize yourself with the process before you go in for the deposition. This will help you understand what is happening and what your role is in the overall proceedings.

#1 Court Report

The first thing that you need to know is that a court reporter will be there. The role of the court reporter is to record everything that is said at the deposition, which is why is is important to speak clearly and not speak over anyone during the deposition. The court reporter will be writing down everything that you say in order to create a transcript of the event.

#2 Videographer

Second, there is most likely going to be a videographer on scene as well. A video will be set up so that everything is also visually recorded. That means that there may be a mike that you need to speak into. You should also dress professionally, as you will be on video and this video could be played again in the future; dressing professionally will help make the best impression and make you seem more authoritative.

#3 Setting

Third, the setting for the deposition may vary, but it often takes place in an office or conference room at an attorney's office. Sometimes it may take place at a neutral location, especially if the attorney's office is far from where you live. It may be held at a neutral conference room or room within a courthouse.

#3 Truth Telling

Fourth, a deposition is a formal legal proceeding, which means that you are expected to tell the truth. You are obligated to tell the truth, as you best remember it, and not lie or hide anything. Everything you say will be used to create an official document that can be used in court, thus the importance of telling the truth.

#4 Attorney Questions

The attorney who is running the deposition will ask your questions. You may have an attorney there as well who is on your side and will stand up for your rights and object to questions that they deem unnecessary or outside the legal scope of what is being covered.

Remember, your only job is to listen to the question and answer them correctly. It is not up to you to argue with the attorney or persuade them. Think of yourself as a report who is responsible for sharing the who, what, when, where, and the why of the incident in question that you are being asked to testify about. 

For more information, you will want to contact a firm such as Kaston & Aberle.


29 May 2017