Are you a resident of Vero Beach who has been deposed? Then you are probably wondering, “What is a deposition?”
Inside this abbreviated guide we aim to clear up some concerns about deposition law to assist you in understanding better what is a deposition. Let’s get started.
What is the Main Purpose of a Deposition?
In a civil lawsuit, for example automobile accident and slip and fall cases, a deposition is part of the discovery phase, sometimes informally referred to as the ‘investigative’ phase. The discovery process occurs when attorneys from both sides ask questions and exchange evidence and documentation to find out more about the case before the trial begins.
The main purposes of a deposition are to:
- Discover what a witness or party to a case knows. New information is gained that could be pertinent to the case. Often, the information shared during discovery can lead to a settlement – the fact is, depending on the circumstances, most civil cases settle out of court. Reaching a settlement is can be a win-win solution, as trials are generally expensive and time-consuming and uncertain, dependent on 6 strangers…jurors.
- Preserve the testimony. Especially when trials take months or even years to proceed, a recorded deposition allows individuals to recall evidence while it is still fresh in their memories. A deposition also keeps testimony secure in case a party tries to alter their story. Furthermore, the recordings are available for court proceedings should a despondent fall ill, abscond, or die during the trial.
For these reasons, the sworn, out-of-court question and answer session is recorded by a court reporter using a special machine to transcribe testimony. Additionally, if you have been subpoenaed to a deposition, you may likely be found in contempt of court if you refuse to attend.
Five Reasons to Hire a Vero Beach Attorney for a Deposition
As you have gathered so far, depositions are to be taken seriously – whether you are a plaintiff, defendant, or a witness. It makes sense, then, to get some guidance:
- Testifying at a deposition hearing is often intimidating. By hiring an attorney, you will be more prepared for potential questions and object to certain questions if applicable. Knowing what to expect during the actual deposition will go a long way to allaying your nerves.
- Your attorney will also coach you through the process so that you know what to wear, when to take breaks, and what traps to watch out for.
- A good lawyer will also examine your public profile (social media accounts, photographs, and so on) for anything that might contradict your testimony.
- If the opposing attorney asks questions that are inappropriate, your attorney will make objections to protect you.
- Knowing how to remain calm adds credibility to your testimony and gives you room to think and respond fittingly. Having a lawyer will help to protect your rights.