A deposition is an oral examination of a witness, under oath, by an attorney, recorded by a court reporter in order to produce a written transcript of the testimony. Depositions normally take place at an attorney’s office or at the office of the court reporter. One of your lawyers will be present with you at all times during the deposition.
There will be no judge or jury present during a deposition. However, after the deposition has ended, the court reporter will transcribe all of the questions and answers, and both lawyers will receive copies of the transcript.
Depositions of the plaintiff, defendant, and other witnesses take place after a lawsuit has been filed during the discovery phase of litigation. During discovery, the parties to the lawsuit will exchange information about the case. In Florida, discovery may include requests for admissions, written interrogatories, production of documents, medical examinations, and depositions.
The rules of discovery are quite broad in scope. In Florida, parties to the lawsuit may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the lawsuit. Florida courts construe the term “relevant” liberally, meaning that evidence will be considered relevant if it appears that the evidence is “reasonably calculated to lead to the discovery of admissible evidence.” Fla. R. Civ. P. 1.280(b)(1). Unless the information requested is privileged, the opposing party will likely be allowed to inquire into matters that may not seem relevant to the case. Privileged information, such as confidential communications between the client and attorney, are not discoverable, and your attorney will object to such requests.
The purpose of a deposition is to allow the lawyers for the parties to the lawsuit to learn what a witness knows about the facts and issues that pertain to the lawsuit. This will assist the parties in evaluating a case for settlement purposes and the testimony can also be used at trial. For this reason, it is important to prepare before your deposition.
How to Prepare for Your Deposition
Before your deposition takes place, your attorney will meet with you in person to help you prepare. Prior to meeting with the attorney, you should review the responses you have provided in previous testimony, including incident reports, traffic crash reports, witness statements, and your written responses to interrogatories. Take some time to refresh your memory about the accident itself, including recollecting the events leading up to the accident. You should also be prepared to discuss your personal background including former addresses and employment, injuries and medical treatment following the incident, lost wages, and your medical history.
The night before your deposition, review your notes, but do not stay up all night memorizing your story or responses to questions. Be sure to get a good night’s rest because it is essential that you remain alert while you are being deposed. Depositions can last several hours, and in some instances may take a full day.
Helpful Tips for Your Deposition
Listen to the Question
We often have a tendency to formulate answers to questions while the question is being asked and then we miss the question entirely. Listen to the question fully. If you have not heard the question, ask to have the question repeated.
Understand the Question
Your answer to a question will not be accurate if you do not understand the question. Do not answer a question until you fully understand it. You should not be embarrassed if you do not understand and ask to have the question repeated. In some cases, the question has not been properly worded in the first place.
Think About the Question
Once you have heard the question and you understand it, think before giving your answer. Take a deep breath and set your own pace. Do not be afraid of silences and don’t try to see how fast you can answer the question. The goal is to give accurate, truthful answers, and you should take as much time as necessary before giving your answer. While long pauses may not be desirable at trial, they are generally not reflected in a deposition transcript.
Answer Only the Question
Your objective is to accurately answer each question asked, not to provide all of the information you think the examiner may want to know. Answer only the question that is asked, do not provide a narrative response, and do not volunteer information or comments. If “yes” or “no” will answer the question, do so and then stop. Speak slowly and clearly, keeping in mind that the court reporter is recording your answer and cannot record nods or shakes of the head.
Answer Truthfully and Accurately
The most important rule during a deposition is to answer all questions truthfully and accurately. Do not magnify your injuries or losses. The goal is to have the record reflect the true state of your knowledge with respect to the questions asked. Do not guess or estimate time, speed or distance unless you are sure the estimate is correct. If you do not know the answer to a question, the best answer is, “I don’t know.”
Pay Attention to Objections
Your attorney may interrupt the deposition by making an objection. If your attorney makes an objection, you should refrain from answering the question until your attorney has finished speaking and instructs you to answer.
Dress Appropriately
This is your opportunity to make a good impression and demonstrate that you are a credible witness. You should be clean, neat, well-rested, and dressed as if you are attending church or an important business meeting.
You Need a Highly Skilled Advocate on Your Side
If you have been injured due to another’s negligence, the Law Office of Heidi A. Hillyer, P.A. will fight passionately to resolve your personal injury claim and seek full and fair compensation for your injuries.
No Fees if No Recovery
The Law Office of Heidi A. Hillyer, P.A. accepts personal injury cases in Florida on a contingency fee basis. This means that if there is no recovery there is no cost to you.
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