Deposition
A deposition is a sworn statement requested by either party through their counsel and taken under oath by a stenographer, also known as a court reporter. It can be taken anywhere that both parties agree upon, but most often occurs at the office of the attorney requesting this proceeding.
Therefore, if a deposition is requested by the defendant’s attorney, then the deposition would probably take place at his office. The deposition is defense counsel’s opportunity to size up. The adjuster for the defendant’s insurance company may also be present, depending upon the company’s estimation of plaintiff claim’s value, potential verdict amount and company procedure. Plaintiff’s attorney will meet to prepare testimony prior to the date of deposition. Listen carefully to his advice, review the interrogatory answers, and note the following tips as well:
Tips:
- Wear neat, clean, conservative clothes. Go easy on the jewellery.
- Refresh the memory. Review the records/contents of expandable file.
- Answer all questions audibly and distinctly.
- Do not guess the answer to a question.
- If do not understand a question, ask the attorney to repeat or clarify it.
- Always tell the truth. This is a statement under oath. There are criminal penalties for perjury.
- Do not volunteer information or elaborate. Answer only the question asked.
- Do not try to figure out why the attorney is asking a certain question.
- Do not ever lose temper or argue with defense counsel.
- Do not be sarcastic or hostile toward him. He is only doing his job.
- Be courteous toward everyone involved in the deposition, including the court re-porter.
- Say “Yes sir” and “No sir” (or "Ma'am") when answering a question.
- Do not estimate anything unless clearly state that the plaintiff are doing so.
- If do not recall the answer to a question, state that.
- Do not anticipate a question. Let the attorney finish the question.
- Do not correct the attorney if he makes a mistake.
- Do not look to attorney for help when answering a question.
- Take all the time that require to answer a question.
- Study photos/diagrams carefully before identifying or giving an opinion.
- Do not try to make jokes. A lawsuit is a serious matter.
- Rely only on own personal knowledge to answer a question.
Deposition Summary
A Deposition Summary is a clerical breakdown of key topics from a deposition transcript that is objective and concise. The summary organizes the deposition's main points by page and line.
A Deposition Summary is a concise document that summarizes the essential and related data from a Deposition Testimony taken prior to a trial to assist legal counsel in collating, categorizing, and interpreting pertinent facts.
Preparing a Deposition Summary necessitates thoroughly reviewing the testimony, which can run into hundreds of pages, taking copious notes on the subject matter of the deposition, and considering the most pertinent information that comes up. Our Legal Attorneys may divide it into a list of headings covering specific issues and offer a table of contents so that our clients may quickly access the necessary details.
The Deposition Summary Report highlights significant medical themes from the deposition by page and line. "Page Line" summary are often displayed with sections for.
- Page line
- Exhibit
- Summary of the testimony
What Are the Advantages of Deposition Summaries?
- That saves time
- Aids in the Pre-Trial Formulation
- Provides value to the client
- Are Critical to the Legal Process