If you’ve ever spent time around a lawyer or a person involved in a lawsuit, you’ve probably heard the term “deposition.” But do you know what it means? We have found that although the lawyers at our firm are experienced and well-versed in the process of litigation, most clients are not. The deposition process can seem scary, especially if you are not familiar with it. As a Personal Injury Lawyer Memphis, TN trusts with its most difficult cases, we’d like to share with you the basics about depositions in this blog post.
What is Discovery?
Discovery is the phase of a lawsuit during which the parties and lawyers engage in a number of activities to “discover” the facts, information and claims known by the other side. This phase of the lawsuit occurs after the initial Complaint has been filed and answered. In this post, we will discuss discovery depositions.
What is a Deposition?
A deposition is similar to a witness testifying in court, except that it occurs in an out-of-court setting. A witness at a deposition is referred to as the “deponent.” A deposition usually takes place in a lawyer’s conference room or similar location.
A deposition is a chance for lawyers to ask questions and get answers from a witness under oath. A court reporter is present to make a record of the questions and answers, which is then usually reduced to writing in what’s called a “transcript” of the proceedings. Sometimes a videographer will also be there to film the testimony.
A deposition is a very serious matter with serious potential consequences. The transcript may be used in court. If you are being deposed, you should treat your deposition as if your testimony is occurring right in the courtroom in front of the judge and jury.
Do I have to give a deposition? Why?
If you are a party in a lawsuit and the other side wants to depose you, then yes. If you are a witness, but not a part of the lawsuit, then either party can subpoena you to give a deposition. Each side has the right to discover information about the other side’s allegations, and deposition is one method of doing this.
Thanks to our friends and contributors at Wiseman Bray PLLC who have significant experience in personal injury litigation and in fighting for Personal Injury victims in Tennessee. tact Wiseman Bray PLLC today if you need a Personal Injury Lawyer Memphis, TN depends on time and time again.