In law, a deposition is an integral part of the discovery process. It is testimony made under oath and recorded by an authorized officer of the court, typically in an out-of-court setting and before trial.
Key Takeaways
- A deposition is testimony made under oath and recorded by an authorized officer of the court in an out-of-court setting and before trial.
- Depositions are usually taken from key witnesses, but can also involve the plaintiff or defendant, providing a comprehensive preview of all available evidence.
- The individual giving the deposition is known as the deponent, and false statements can result in civil and criminal penalties.
Discover the Importance of Depositions
The discovery process allows both sides involved in a legal case to uncover all relevant facts and understand the opposing view to strategize effectively. Typically, depositions are taken from key witnesses, including the plaintiff or defendant, often at an attorney’s office rather than a courtroom. The deponent, or the person giving testimony, is under oath, ensuring that false statements can result in civil and criminal consequences.
The primary objective of a deposition is to provide a fair preview of the evidence to all parties involved, ensuring no surprises at trial. Additionally, a deposition preserves the testimony of the witness if taken soon after the occurrence of the event, preventing the loss of accurate recollection due to the passage of time.
Knowing When to Depose
A deposition would be necessary if someone’s witness to an event, such as an accident, becomes central to a liability lawsuit. All parties in the case can attend the deposition. The deponent faces various questions from the attorneys of both sides, with an accurate record kept by a court reporter. This record can be used later during the trial.
Because the questioning can be exhaustive, depositions can last several hours. According to the Federal Rules of Civil Procedure and similar state regulations, a single deponent can’t be questioned for more than seven hours in a day. In Canada, this process is called “examination for discovery” and is similarly limited to seven hours per party conducting the examination.
Typical Deposition Questions
Deposition questions can be more extensive than what’s generally allowed in court proceedings. For instance, a witness to an automobile accident might answer questions like:
- Background: Do you have any prior convictions? Are you related to any parties involved in the case? Do you have any physical limitations, such as poor eyesight?
- Scene of the Accident: Are you familiar with the scene? Do you know the traffic controls and posted speed limits?
- Accident Observations: How far were you from the scene? Did you have a clear view? What was the estimated speed of the vehicles?
Legal professionals meticulously prepare their clients for depositions as they play a vital role in litigation outcomes. While deponents are required to be truthful, they’re guided to avoid mistakes, such as offering too much information that may benefit the opposing side, or making guesses and assumptions instead of sticking to the facts.
The Duration of a Deposition
The length of a deposition varies based on the detail required and the cooperation of the deponent. It can be as brief as 30 minutes or extend over several hours or sessions.
Post-Deposition Process
After a deposition concludes, the testimony’s transcriptions and/or video recordings are reviewed by both sides’ attorneys. The gathered evidence may lead to an out-of-court settlement or proceed to trial.
Can You Decline a Deposition?
If you’re subpoenaed for a deposition, the law obligates you to appear and respond honestly. Failure to comply can lead to imprisonment for contempt of court and being forced into a deposition. Lying under oath constitutes perjury and carries serious legal consequences.
Related Terms: discovery process, plaintiff, defendant, deponent, subpoena, contempt of court, perjury.
References
- The Committee on the Judiciary, House of Representatives. “Federal Rules of Civil Procedure”, Page 50.
- Deposition Academy. “How Long Do Depositions Last?”
