In a lawsuit, each party in the case has the right to legal discovery. This is a formal investigation to learn more about the case. Access to this information before the trial allows both sides to use evidence and facts to define their legal strategies. Each side understands what the other side has and what their angles will be during the case. The deposition process is an essential part of discovery.
If you are thinking to outsource deposition summaries, below is more information about depositions.
Whether a legal deposition is needed in a case depends on the facts and circumstances. Cases that only involve legal issues usually do not require depositions because witness testimony is not needed. But if there are factual questions in a case, depositions are often required.
A deposition involves a witness being asked questions about the legal case. The deposition’s purpose is to find out what the person knows and to preserve their testimony. The parties learn all facts before a trial occurs so there are no surprises. Also, the deposition ensures that the witness’s story does not change at trial. If there is any deviation from the deposition at trial in their testimony, the opposing attorney can point it out. The deposition also is a way for each side to learn what the weak areas of the case are.
Depositions do not occur in courtrooms. Rather, they are done in attorneys’ offices in most cases. The lawyer will ask the witness several questions about the facts of the case. The entire deposition is recorded by a court reporter. A transcript is produced a few days or weeks later. The deposition also can be recorded with a video camera.
Questions during the deposition are allowed to be broader than in court. The person is usually required to answer all questions during the deposition; there is no judge present, so objections cannot be ruled upon.
Some depositions are short, only lasting 15 minutes. But some legal depositions can take a week or longer. All depositions are sworn testimony and the witness must provide truthful answers to the best of their ability. It is vital that the person being deposed listen to each question with care and answer as carefully as possible.
If you are going to be deposed for a case, now you should understand more about this important legal process. Anyone who is going to be deposed needs to remember – above all – to tell the truth.