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February 8th, 2024
A deposition in a civil action is a discovery tool designed to enable parties to determine what knowledge concerning the facts, circumstances, issues, and documents a party or witness possesses that are relevant to the claims and defenses alleged by the parties. Additionally, it enables counsel for a party to assess the deponent’s credibility, competency, appearance, and character. The deponent is placed under an oath to tell the truth and will then be asked questions by the attorney taking the deposition. A stenographer/court reporter will type all of the questions and answers into a transcript. Also, the deposition may be videotaped. Typically, counsel will be permitted greater leeway to ask questions in a discovery deposition than they will during a trial where the rules of evidence concerning admissibility of evidence may more greatly limit what questions may be asked a witness under oath before a jury.
As a party to a civil action who is preparing for your deposition, you will want to review the pleading filed on your behalf by your counsel (complaint for the plaintiff and answer for a defendant) as well as any written discovery you have answered (interrogatory answers and responses to document production requests). You can reasonably expect your counsel to meet with you before your deposition in order to help you prepare for your deposition. During such a meeting, your counsel will explain to you the rules of the deposition and discuss with you your knowledge of relevant facts, circumstances, issues, and documents related to your claims or defenses concerning issues of liability or damages. They will also discuss with you what questions they may anticipate you will be asked and inquire as to your answers/responses to such questions. They will also likely discuss with you the type of questions that you may be asked that could be relevant to establishing your credibility/honesty, competency, and the nature of your character; and further explain to you whether such questions and answers will also be allowed at trial.
In the end, as a party you will only have at most two opportunities to testify on your own behalf—first during your discovery deposition and second at trial. The better your discovery deposition goes (including those of other witnesses who testify on your behalf), the greater the chance you will have of reaching a settlement and concluding your civil action before having to go to trial. Your deposition testimony (as well as those of other witnesses) will also be very important because if a deponent becomes unable for nearly any reason to testify at trial, the deponent’s deposition testimony can be used at trial in place of his or her live testimony after any inadmissible portions have been redacted.
