Meta Description: If you have been called to testify in a deposition, be sure to consult with an attorney first. But here are the basics of a depositionA deposition is a formal interview of a witness, usually conducted in preparation for a trial. During a deposition, the witness is questioned by the opposing attorney, who is trying to gain information that can be used later in court.
Questions during a Deposition
The questions asked during a deposition are typically very specific and aimed at uncovering potential inconsistencies in the witness’s testimony. A deposition can be a very important tool in a legal case, so it’s important to understand the process and what to expect.
If you are called to testify in a deposition, here are some things you need to know:
- You will be questioned by the opposing lawyer.
- The questions will be specific and focused.
- You will be under oath, and your testimony can be used in court.
- You should answer each question truthfully.
- If you don’t know the answer to a question, say so.
- You can take breaks as needed.
- The deposition will be recorded, either by a court reporter or via video.
Court Deposition during the Pandemic
Due to the COVID-19 pandemic, many court proceedings have been postponed or cancelled. However, some courts are still allowing depositions to be conducted via video conferencing platforms such as Zoom. If you have been asked to participate in a virtual deposition, there are a few things you should know:
- The format of the deposition will be the same as if you were in person. You will be questioned by the opposing lawyer and will need to answer each question truthfully.
- The deposition will be recorded by a court reporter. In some areas like in Phoenix, video court reporters are allowed to record the deposition.
- You will be able to take breaks as needed.
- You should dress appropriately for the deposition, just as you would if you were attending in person.
- You will be able to communicate with the other participants via chat or audio.
The bottom line is that a deposition is a very important part of any legal case, and it’s important to understand what to expect.
During a deposition, only the person being deposed and the opposing attorney are typically present. However, in some cases, the witness’s attorney may also be present. The court reporter or video operator is typically also present.
What is the difference between a deposition and testimony?
A deposition is typically done in preparation for a trial, while testimony is given during the actual trial. Deposition questions are typically more focused and specific than those asked during testimony. Additionally, testimony is given under oath in front of a judge and jury, while depositions are not.
What happens after a deposition?
After a deposition is taken, the transcript of the questioning will be prepared. This transcript can be used during trial to help impeach the witness’s testimony if it appears inconsistent with what was said during the deposition. Additionally, the opposing attorney may use the deposition to prepare for cross-examination of the witness during trial.
What type of cases require a deposition?
Depositions are typically used in civil cases, where one party is suing another. However, they can also be used in criminal cases, and in some cases, a deposition may be the only way to get information from a witness.