Initially, every case does have the deposition work after the litigation but before the trial sessions. Moreover, the “deposition” is the discovery stage of your case where a witness testifies during the personal injury case under oath.
Similarly, a deposition is a method utilized before trial sessions as the “discovery process of civil litigation.” It aims to achieve data and information about all facts of the case and find out the paths towards probable proofs. So, in this article, we will elaborate on the working of the deposition procedure in the framework of the personal injury litigation and what to likely assume if you are required to swear.
- What is a deposition?
- Why is the assurance of attendance or compelling attendance at a deposition necessary?
- What are the reasons for taking a deposition in a personal injury case?
- What is the structure of deposition in the personal injury case?
- What is the strategy of deposition in a personal injury case?
These are the particular questions that you need to know answers to if you are to be present in a deposition for your case.
1. What is a deposition?
For a confessional statement, an individual is asked to assure his/her presence at a particular time and place. Moreover, this is done to give swearing testament under oath coupling with the reporter who is presented in the court to record the statements and make it a part of public record.
Utilized as a discovery process of civil litigation
Nevertheless, the depositions generally happen in the meantime of the discovery process of a personal injury case. As earlier mentioned, after entering the case into court but before trial sessions. Furthermore, the deposition is similar to what an attorney does inside the court that is enquiring a testimony that is being deposed.
The person is known as “the deponent.” The depositional statements can be used in court later too. Also, in some cases, the deposition witnesses are permitted inside the court.
In the same manner, you are under oath during this discovery process. It is obligatory to give a response to the best of your knowledge, and it must be truthful.
2. Why is compelling attendance at a deposition necessary?
Representation for depositional statement
Since the presence of the depositional witness is exposed to limited exclusion, you can represent any individual for depositional statement who might have little or more information about the detailed proofs or to the litigation. Logically, most of the people will not willingly show at a deposition due to stressful causes. This deposition is a very demanding and lengthy procedure.
Use of summons to ensure presence of depositional witness
So, nobody will give almost all of their time to invest in the discovery process of the personal injury case. In contrary to this, in case the situation is technical and severe. The depositional witness can be made to assure his presence for this discovery stage through means of a orders/summons.
Serving subpoena through service of process
Nevertheless, the summons has to be obliged on the probable depositional witnesses through the facility of the procedure. This generally indulges appointing a procedure attendant. In case you have already hired the attorney for your case (personal injury lawyer), he/she will be acquainted with this process. Similarly, the summons (subpoena) orders a person to show himself/herself at a particular timing and place to give a statement.
Subpoena must follow strict guidelines
The real summon has to obey the sound principles inclusively name of courts, the title of the conduct, ordering the attendance, and some specified tests.
Protections afforded to a subpoenaed person
There are safety measures offered to a commanded individual. Any signal to repress or amend a summon might be recorded to court for numerous reasons, coupling with the disappointment to permit sufficient time to answer to the subpoena. Also, when the permission with the summon would need an individual to move an irrational and long-distance.
3. What are the reasons for taking a deposition in a personal injury case?
There are scores of causes for choosing a deposition in varied personal injury cases.
1. Gaining significant proofs
The reasons comprise of the gaining the significant proofs about the case.
2. Collection of information and other data
Secondly, the collection of information and other data about the potencies and weak points of the parties’ exchanged contentions in the case.
3. Scrutinize the individual
Thirdly, it is to scrutinize in what way an individual will appear and swear in the court.
4. To verify the details of an injury
Lastly, the reason for taking a deposition is to verify in what way and what time the injury happened.
4. What is the structure of deposition in the personal injury case?
Obliged to notify the other party about the deposition
Just like every other case’s deposition in civil litigation, you are obliged to notify the other party about the proposed deposition. This should happen prior to arranging a personal injury deposition.
Can take place anywhere
The deposition virtually might be in any place. Moreover, almost all lawyers opt to arrange the depositions in their legal firm offices or at a court reporter’s residence or office. Notably, the court reporter has to assure his or her presence in order to take the whole record of the deposition.
The person organizing the deposition bears the cost
In the same way, the person who has organized the deposition is almost all the time liable for paying the costs or expenses linked with the court reporter.
Plaintiff’s and defendant’s attorney examines the witness
In the same trend during the trial sessions, the plaintiff’s attorney examines the depositional witness, and later, he/she gets cross-examined by the defendant’s attorney.
Opposing attorney can object
You might have earlier heard about the “objection part” by the opposing attorney during the questioning session by the examining attorney. Nevertheless, there is no rule in law that judges can promptly decline the objection. Thus, the objection by the attorney is remarked.
However, it does not mean that the judge can not decline the objection as the continuity of questioning is also important. Notably, a depositional witness can be directed to not reply to an inquiry and that too in exceptional situations.
5. What is the strategy of deposition in a personal injury case?
An attorney who is inquiring the person, a part of the discovery process, needs to do proper planning to prove the case in his favor.
Selecting the type of questions to ask
For instance, you have been to the restaurant’s washroom where you have slipped in consequent injuring your leg. So, your attorney might opt the sweeper as a general depositional witness. So, in such situations, you are aimed to prove the gross negligence or mere negligence on the part of the restaurant’s staff.
So, you will be enquiring about specific subsequent questions.
- the last time anyone who examined the stairs or the spot where he/she slipped.
- the expected times, the stairs are maintained or taken care of?
- How old or new is the building restaurant?
- Are there lights for the convenience of the customers crossing that area?
- Have other people been harmed prior to this situation?
So, these are the questions that have to be answered by the deponent to get factual information, but those have to be accurate enough. However, sometimes it happens that depositional witness goes around and around and do not give short plus relevant answers to your questions. Concerning this situation, you can pick another competent person for this task. Conclusively, the other things are the significant points you are required to keep in mind to get the desired consequence.