Deposition
Candlefocus EditorA deposition is conducted by either of the plaintiff's or defendant’s attorneys. It involves questioning the deponent by an attorney in order to get more information on the lawsuit. The record of the deposition is preserved in the form of a transcript. It can be used as evidence either during rejection or trial. Because a deposition is done under oath, false statements made in the deposition can carry civil and criminal penalties.
It is important to ensure that parties prepare for a deposition thoroughly, as it provides a preview to all the evidence the attorneys have gathered. This information can then be used to craft a strategy to strengthen the attorney’s case. During the deposition itself, not only should the attorneys ask questions, they should also assess how the deponent acts and feels in order to pick up on any untruths.
In summary, a deposition is a process initiated by an attorney to gain more evidence in a lawsuit. It takes place outside of the courtroom in an informal setting, and is given under oath. A court reporter will transcribe the deposition in its entirety. While giving a deposition, it is essential the deponent is truthful, as any false statements can result in civil and criminal penalties. It is also important that the plaintiff and defendant are both adequately prepared, as it allows them to get a so-called preview of all the evidence which can help to craft a strategy for the trial.