The depositions take place during the discovery session. At each deposition, the plaintiff or another witness must testify under oath.
Who might be deposed?
Any person that could share with the questioning attorney some fact(s) that related to the lawsuit. Sometimes, the court must subpoena the witness that one of the lawyers wants to depose.
Witnesses that have receive a subpoena do not have to attend the deposition, if they have not received sufficient notice, of if they would have to travel an unreasonable distance, in order to attend the discovery session.
A deposition’s unique features
Either personal injury lawyer in Menifee has the right to object to any of the questions that were asked by the opposing attorney. Still, no judge is present, so no judge can rule on the objection. The introduction of an objection is simply noted in the record.
How do both sides benefit from a deposition?
It helps to uncover facts.
It reveals the strengths and weaknesses of each side’s case.
It aids discovery of details that reveal more about how the accident took place.
How should you prepare for a deposition, if you will have to answer a lawyer’s questions?
Buy, rent or borrow a video camera. Working with a friend, make videotaped footage; focus on creating one that shows you responding to a series of questions. When you view that footage concentrate on watching your body language.
Check to see if your body language offers some insight into your emotions. Does it change how you speak, gesture or move? If it does, try to limit the degree to which your actions could tell an attorney how you are feeling.
Practice making good eye contact with the person that is talking to you. If you are not comfortable with pupil-to-pupil contact, try focusing on the area between the speaker’s eyes and chin.
Understand what sorts of actions could weaken your testimony in a lawyer’s eyes. One action that you should avoid involves creating a barrier by using your arms, ankles or legs. Do not cross your arms across your chest, and do not cross your legs or your ankles.
Working with a friend, check to see if you carry out certain movements when you are nervous. Do you play with your hair, do you rub your neck, or do you twist a ring on your finger, a watch on your wrist, or a pen in your hand? Try to keep your hands from revealing the level of your tension.
Have a positive attitude, when you go to that scheduled deposition. But do not be in too great a hurry to answer each question. Think about what the lawyer has asked, before responding to the lawyer’s question.