The deposition takes place during the discovery phase. If you get asked to attend a deposition, expect to be provided with information on the time and place for that particular event. When you go, be prepared to give testimony under oath.
A question-and-answer session that is held within the court but taken under oath. It is done so that the lawyers can get the pertinent information about the case from the witnesses. Most of the questions at the deposition lead to plenty of documents that become evidence or discovery. It is submitted at the trial.
Who is present during a deposition?
The parties to the lawsuit
The lawyers for the disputing parties
The court reporter: The court reporter usually administers the oath.
What takes place as each of the selected witnesses gets deposed?
Each lawyer has a chance to pose questions to one or more of the selected witnesses. While one lawyer asks questions, the attorney for the opposing side has the right to object to any question. Yet, because there is no judge present, no one can rule on the stated objection. Instead, the same objection gets mentioned in the records made by the court reporter.
After the deposition, both lawyers have a chance to review what the deposed witness has said. That review might help one or more of them to create a line of questioning to use during a possible trial. By reframing an earlier query, either attorney might manage to check on the level of consistency in the witness’ answers.
Goals of each attorney, while deposing witnesses
Obtain important facts
Gather information that could reveal the opponent’s strengths or weaknesses
Study the ability of a given witness to testify
Determine how and when the accident took place
Guidance for someone that is going to be deposed
Do not act in a way that suggests an effort to place a barrier between you and the questioning lawyer:
—Do not fold your arms over your chest
—Do not cross your legs in any fashion
—Try to maintain eye contact with the questioner, but do not stare at the same individual. If necessary, focus on a spot between the questioner’s nose and chin.
Do not guess at the answer to any question. If unsure about the answer, just say, “I don’t know. “
Do not feel that you must provide a quick answer; it is ok if you hesitate, before answering, in order to think about what you want to say.
Try to avoid making any nervous gesture. It helps to have a friend watch you and alert you silently to the presentation of any nervous action. It is important to talk with your Personal Injury Lawyer in Halifax to discuss the key aspects of the processes so that you are well-prepared.