The Deposition Process – What You Need to Know

One of the most common events that typically occurs in litigation, either civil or criminal, is the giving of a deposition by the parties or their witnesses. The American justice system provides for each and all parties to discover their opponent’s evidence before going to trial. Part of that process includes allowing each party to take depositions of the witnesses their opponents intend to have testify at trial.

At its core, a deposition is a question and answer process that occurs before trial, usually in a lawyer’s office, where a witness takes an oath to tell the truth, the whole truth, and nothing but the truth, and is required to answer questions posed by the other side’s attorneys. Depositions are typically taken before court reporter who creates a paper record of everything said that is then usable as evidence at trial. The process is typically governed by the same rules that would be in place if the testimony was being offered in the courtroom at trial.

Generally speaking, the witness is required to answer all of the lawyers’ questions, without limitation. There are a few instances where a witness can credibly refuse to answer, questions that invade the attorney/client privilege or require self-incrimination prohibited by the Fifth Amendment for example. However, for the most part, courts allow a very broad scope of questioning on topics that could reasonably lead to the discovery of admissible evidence. That is not to say that everything a witness testifies too in deposition is admissible at trial. The court makes decisions regarding the admissibility of each witness’ testimony as the case gets closer to trial. But for the most part, most subjects are fair game at a deposition if they are even remotely related to subjects in the case.

A deposition is a seminal event in just about every type of case. It is a formal process that allows each side to formally establish key evidence that becomes part of the record of the case for use at trial or in other litigation events. If you find yourself being asked to give a deposition, either as a litigant or a witness, you should approach that process with the seriousness it commands and consult with an experienced lawyer about what to expect and how to prepare for it. Call now to schedule a consultation with a seasoned attorney.