The discovery process takes place before the holding of the trial. It provides the lawyers for both parties with the chance to obtain some added information. In addition, it gives each lawyer the opportunity to discover the strengths and weaknesses in the other side’s case.
What takes place during a deposition?
That is when the plaintiff or another witness testifies under oath. The lawyers for both parties get to question that witness that is providing the testimony.
Who can be deposed?
Any person that may have knowledge of the facts that relate to a particular personal injury case. It could also be someone that has knowledge of the laws that relate to the same case.
For example, the Personal Injury Lawyer in Sydney representing the plaintiff might depose a supervisor of building construction in a given city, if the plaintiff had been injured in a city building. The supervisor would know that laws that detail instructions to the builder of a structure that must hold workers or dwellers.
The same lawyer might ask the supervisor about the instructions given to builders. In that way, the questioning injury lawyer would hope to reveal an element of negligence on the part of the builder. Evidence of negligence would strengthen the client’s/plaintiff’s case.
How does the process followed during a deposition differ from the process used in the courtroom, when witnesses offer testimony?
Most members of the public have seen a real or imaginary trial on TV or in the movies. During the course of such a trial, the lawyers question different witnesses. Sometimes one lawyer raises an objection to a question that was asked by the opposing injury lawyer.
When that happens, the judge makes a ruling. The judge rules on whether or not the court plans to allow the posing of that particular question. Of course, during a deposition, no judge is present. Does that mean that neither of the lawyers can object to any of the opposing injury lawyer’s questions? No, both of them have the right to raise objections. Any such objected gets recorded.
Later, the lawyers for both parties have a chance to read what has been placed in the record. If an objection was raised to some query asked during the deposition, the injury lawyer that raised the same query might rephrase it before posing a similar query during the trial.
An injury lawyer’s approach to the questioning might get influenced in another way by reading what was recorded during the deposition. A witness’ remark might cause one injury lawyer to introduce a new line of questions. The injury lawyer’s strategy would focus on showing how the testimony given in court compared with the testimony that was given during the deposition. Experienced lawyers know how to benefit from depositions.
