What Is A Deposition?

WHAT IS A DEPOSITION? To remove the mystery about a deposition: it is a question and answer session which takes place under oath, with a stenographic reporter present to take down all that is said. A deposition may also be tape recorded or videotaped. It is sometimes also called an "examination before trial." Neither a judge or a jury will be present. This is not a trial. The purpose of a deposition is to allow the other side to learn about your case. However, a deposition should be taken seriously, as your deposition testimony will be recorded and may be used against you at trial. The attorney representing you will meet with you before the deposition and explain to you the types of questions to expect. This preparation period will last as long as necessary to prepare you for the examination, but please be prompt for your appointment. We will also answer your questions at that time and help you feel more comfortable. During the deposition, you will be questioned by the attorney for the defendant. If there are more than one defendant, you will also be questioned by their attorneys. At that time, your attorney will be there at your side to object to improper questions and protect your interests. Then your attorney will question the defendant and codefendants, if any. All parties will be questioned about the who, what, when, where, why and how the accident occurred. You will also be questioned about the nature and extent of the injuries you’re claiming, and the type and duration of any medical treatment. During the course of the deposition, your attorney may object to a question asked of you. In that case, you should not answer the question unless and until your attorney tells you that you may do so. You may also be asked to look at documents, such as accident reports or forms signed by you, or even photographs of the accident scene or property damage. Just remember that you attorney is there to protect you, and if there is something that you do not understand, you should say so. Also, if English is not your first language and you are more comfortable answering questions in another language, you should let your attorney’s office know in advance of the deposition, so that arrangements can be made for an interpreter to be present. Because the other side is trying to get information from you, your job is to answer each question simply and truthfully, but not to be too helpful. Do not volunteer any information or explain anything unless you are asked to explain. Don’t guess. Don’t be afraid to answer, "I don’t know." On the other hand, if you say "I don’t know" too often, you may seem untruthful. So if you can give some kin=d of answer – say a range of time, or distance, or speed, try to answer as best as you can. Just don’t take wild guesses. At deposition is not your time to tell your story; that day is at trial, if your case goes that far without settling. Also know that the other side is looking you over to try to predict what kind of trial witness you would make. Do you appear truthful? Sympathetic? Will a jury love you or hate you? Your answers will be typed into a booklet and you will later be asked to sign it and have it notarized, indicating that you agree those answers are what you previously said, and that they are true. You will return the booklet to your attorney’s office. If that booklet, or as it is called, transcript, does not accurately reflect what you said, changes can be made. Instructions concerning how you make changes and where you are to sign will accompany the transcript. Once signed, however, your testimony is almost "written in stone," and cannot be changed at a later date without causing a situation that may not help your case. To refresh your memory, you should try to visit the place where the accident occurred before your deposition. Any unanswered questions will be discussed when your attorney meets with you prior to the deposition. Naturally, you can also call your attorney’s office at any time beforehand. From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)