One of the most important elements of the discovery process for any type of litigation are the depositions. Some lawsuits or claims do not require any deposition notices; others require depositions in the double digits.
One common misconception is that only parties to a lawsuit can be deposed. In fact, any witness, whether a party or not, with any relevant information to the case can probably be deposed. So, if you are a third-party deponent, do you need to contact a lawyer?
The short answer is, of course, yes. While not usually a hostile experience, depositions are an important process and it is easy for the rights of the deponent to get lost between the questions of all the parties. For example, there are times where a line of questioning should be objected to. More rarely, there are times were a deposition needs to be stopped and judicial intervention may be required.
A good attorney can not only help you on the day of your deposition, but can put your mind at ease for the weeks (and sometimes months) leading up to your deposition. There are many ways to prepare a deponent for his or her testimony. Some attorneys will run role-playing scenario and will ask you the types of questions you are likely to see at the deposition. Some attorneys will contact the lawyers involved in the litigation to see if they can narrow the field of questioning before the deposition even happens.
Going into a deposition with no legal representation is understandably a daunting experience. Who will be there? How long will the deposition take? Should I answer a question if I am not sure about the answer? What types of questions should I not answer? What should I wear? Will I be called at Trial? What happens if I don't go to my deposition?
All of these questions can have surprisingly complex answers and a good civil litigation attorney will be the best way to feel confident and protect your own rights. If you have received a deposition notice and are not sure what to do, contact the Law Offices of Samuel S. Reidy for a free consultation.
by Attorney Samuel S. Reidy