According to the American Bar Association, a deposition is an out-of-court statement given under oath by any person involved in the case. The questions are conducted by a party to any person or entity. The deponent is the person answering the questions during the deposition. The responses are recorded by a court reporter and transcribed for the deponent to review. The original copy is sealed for use at trial. A deposition is a tool that is used in the discovery process of a case and a way to prepare for trial.
The person or entity can be an expert, any witness, or a person/entity involved in the lawsuit. A notice must be presented to the deponent. A deposition allows attorneys to obtain spontaneous responses and gather additional information regarding the certain evidence, such as the contents of documents. During the deposition, the questions asked will determine what you know about the issue at hand and preserve the testimony for later use. There is no specific length time for a deposition and may be limited to the personal knowledge of the deponent. Some deposition notices will specify if the deposition will be a testimony only or if documents need to be presented. Generally, the course and scope of deposition depends on the type of person being deposed, as there are different rules for different witnesses. If you have additional questions about depositions, contact a San Diego injury attorney.
Disclaimer: While we always seek to establish accuracy when publishing articles, this piece is not intended to provide legal advice, and should not be used as such. Each individual case will differ and should be discussed with an attorney or legal expert. If you would like to inquire about pursuing a claim, please contact us at (858) 560-0781 or email brett@acclaimlaw.com