Depositions are the taking of an oral statement of a witness before trial, under oath. Depositions are oftentimes a big part of the lawsuit. In many instances, what is learned during discovery, and especially during depositions, might help the parties come to a settlement before the trial beings. Unlike the information recorded in documents or the parties discovery responses, such as answers to interrogatories, a deposition involves an actual witness being asked questions about the case by all parties involved. The deposition serves two key purposes which are to investigate what the witness knows and to preserve that witness' testimony for trial. Depositions are taken so that the parties are not surprised at what a witness may say on the stand at trial. If the witness changes his or her testimony at trial, the deposition transcript can be used to impeach the witness' testimony. A deposition is oftentimes noticed not just to support one side's case, but to investigate the holes and vulnerabilities in a party's case. Depositions can often lead to the case being settled or dropped, but can also lead to an increase in a settlement demand. All in all, the deposition is an opportunity for all sides to learn where the vulnerabilities are in their respective cases, then devise a strategy for handling them at trial. As you might imagine, it is not just the parties to the litigation whose depositions are noticed. In employment lawsuits, for example, every employee past and present of a company may have their depositions taken. In personal injury cases, eye witnesses to an accident may have their depositions noticed. That is why it is important for all deponents, both party and non-party witnesses, to seek legal counsel. Counsel to the parties may, in some instances, be able to represent the non-party witness. For example, corporate counsel may be able to represent its employee who is being deposed. However, often time non-party witnesses are left on their own. Our civil litigation attorneys work closely with all deponents to offer them not only excellent representation in the claim or litigation, but to also meet with and prepare them for every aspect of the deposition. If you have received a notice of deposition, contact our firm for a free consultation to see if you need representation. |