Depositions are important in legal processes. This is the testimony that happens under oath that’s taken outside of the trial in order to discover new information. They’re used to get information about cases, and the testimony that’s gotten during these is admissible in courts when litigation occurs.
They’re allowed in state and federal situations, and there are federal rules in place for depositions.
What to Know
There are a few things that you should know before a deposition occurs.
First, you’re allowed to know when it will happen. You should be given written notice with an adequate period of time. If you’re not able to testify at that moment, you can serve a subpoena that gives compliance to the request. Note as well that the other parties that are in the lawsuit must also be included along with the name of the deposed person, along with the location and time of this.
The second thing, is you’re testifying under oath, so if you’re found to be lying on purpose, that is perjury, especially if you’re knowingly giving false information.
Finally, you have the right to an attorney, and the right to be represented by an attorney during this as well.
What you Should Expect
These are typically done in meeting places that are outside of the trial room, so you should expect minimally attorneys for each side of the case, and a person to take oaths as well, and possibly an officer. The whole deposition will be recorded and transcribed as well.
The deposition will begin by stating the name of the officer, the business address, along with the time, date, and even the location. You will then take an oath that’s similar to one you use in court, and ensuring that the testimony is valid. The officer will also identify everyone during all of this.
Once this is done, the party who asked for the deposition will ask questions as well. The attorney for each side has allowance to make objections to any questions that are asked.
You will typically respond to questions despite this, but the answer might be inadmissible if the judge believes the objection valid in this instance.
Once the deposition is complete, the officers will note the time of the deposition ending on record, and it is limited to just one period of 7 hours. The person that’s taking the deposition to court is allowed to ask for more time as needed.
Then, once this is complete, you’re given 30 days to look this over and to make the changes that are needed.
However, depositions are not something that you should be doing on your own. Instead, you should do these with an attorney as much as you can. That’s because the attorney will help you prepare for this, since it can be a daunting situation, and they also will explain better how the depositions work in a lot of cases. They also can tell you wat you should say, and any questions that might possibly come up.
Plus, an attorney can help you with a lot of the problems that come up with this. It can be scary, and a lot of times, getting an attorney wot help will handle the legal actions associated with it, and of course, help you with better understanding the nuances of your case. With a lot of people, there are a lot of different aspects associated with this, and there is a lot that can happen, so it’s best if you do talk to a personal injury attorney, and also to get the help that you need, no matter what.