What is a deposition?
A deposition is a formal, out-of-court oral testimony of a witness or party in a legal proceeding. It is part of the pre-trial discovery process, where each party gathers information and evidence from the opposing side. Depositions are conducted under oath and are usually recorded by a court reporter, who transcribes the proceedings.
That’s a formal definition. But a deposition is basically a sit-down interview with the other side’s attorney, answering questions about your knowledge and experience with a claim.
It can be that you are a party or that you are a witness, but regardless, the effect is the same. You must answer questions truthfully; the testimony can be used later in court as evidence.
Like an interview, a deposition has a structure and a format for questioning and answering. Just like an interview, attorneys will be taking notes. However, there will frequently be an audio or video recording alongside the written notes, and you will be under oath, which makes it different from a classic job interview.
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Why is a deposition necessary?
Well, there are several possibilities.
Depositions are a way to preserve your testimony in case you are unable to testify at trial, providing a record of your statements.
General information for attorneys is also part of it: Attorneys use depositions to gather information, learn about the opposing party’s claims and defenses, and identify potential strengths and weaknesses.
Depositions can also be a way to establish credibility. Your response to questions, your demeanor, and the consistency in your statements can all be factors in evaluating your credibility.
It’s important to remember that a deposition is still part of an adversarial process; unlike an interview, the goal is to find the truth and facts, rather than what is believed.
If you are concerned about a deposition, sit down with your attorney beforehand. Ask your questions, and your attorney will answer. An attorney will also help prepare your expectations in detail and be there during the deposition.
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We are always here to help bring our clients comfort, hope, and ease regarding the complications of the law. As Attorney Roger Finderson is now licensed in Florida, we are happy to help Floridians alongside Hoosiers.