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What Is A Deposition? How To Take A Deposition

What Is A Deposition? How To Take A Deposition

shapiro.admin September 18, 2021 Personal injury

Why Choose Our Scottsdale Personal Injury Lawyer, David Shapiro?

Have you ever been injured due to the careless or negligent actions of another individual or entity? If so, you may have had to file a personal injury lawsuit to recover compensation. For those who have not been injured before but are about to again the civil personal injury lawsuit process, you may want to know what a deposition is. Depositions are tools used by both an injury victim and the at-fault party in order to try and gain relevant information to help them win their case. Here, we want to define depositions as well as the deposition process.

What is a Deposition in a Mesa Personal Injury Case?

Depositions do not occur until after a personal injury lawsuit has been filed. This is part of the discovery process in a civil personal injury lawsuit in Arizona. Depositions give attorneys for both the plaintiff and the defendant the chance to ask questions of any possible witnesses that may have information pertinent to the case. 

During a deposition, attorneys for the plaintiff and the defendant will ask questions to witnesses about the facts surrounding the particular claim in question. Depositions take place outside of a courtroom, but those giving a deposition will be under oath when they do so. A court reporter will be present taking notes, and they will provide transcriptions. Anything said during a deposition will likely come up at a later date, and it can be used at trial.

What Happens at a Deposition?

Before a person gives a deposition, their attorney will sit them down and thoroughly review any possible questions that could arise from the other side. They may even have a “mock” run of the deposition to prepare. On their face, a deposition seems like a fairly easy procedure. The person giving a deposition will answer questions asked by the attorney from the other side. However, depositions are not always easy. What is said during a deposition can play a major role in a personal injury case. In fact, many personal injury claims are resolved after depositions begin because one or both parties may decide that a settlement agreement is in order based on what they hear. 

The person giving a deposition will have their attorney with them, and the opposing attorney will ask various questions regarding the case. However, the attorney will likely dig for additional information. It is not uncommon for opposing counsel to ask questions that are intended to get the person giving the deposition mad or flustered. Some of these questions may not be directly related to the lawsuit, but they can be asked so long as the attorney thinks that the questions could lead to evidence relevant to the injury claim in some way.

Depositions are given under oath, which means all answers have to be truthful. An attorney will thoroughly prep a person who is going to give a deposition, and they will let them know that it is okay to say “I do not remember” or “I’m not sure.”

Work With a Personal Injury Attorney

If you or somebody you care about has been injured as a result of the careless or negligent actions of another individual or entity, you need to work with an attorney immediately. A skilled personal injury lawyer in Mesa will be able to walk you through this entire process. Not only will they handle every aspect of your claim, but they will also prepare you for your deposition if the case reaches that point.

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