What are Deposition in Civil Law
DEPOSITION IN CIVIL LAW CASES
INTRODUCTION
In a legal deposition, the deponent is initially asked questions by the party who called for the deposition, followed by all other parties (including the lawyer of the deponent). This process can either be oral or written. Once the questioning is complete, the questions and answers are transcribed and shared with all parties.
What is Deposition in Civil Law?
A deposition is a powerful part of the discovery process in a civil case. It allows opposing counsel to question a witness sworn to tell the truth.
Following a deposition, parties usually have a better understanding of the case. It can be an essential step toward settlement or further discovery.
Many cases warrant depositions. A deposition is the taking of an oral statement of a witness before trial under oath. Depositions may be taken of lay or expert witnesses.
Whether a deposition is needed depends on each case's unique facts and circumstances. Cases that involve only legal, not factual, issues usually do not require them. Witness testimony regarding a solely legal issue most likely is not necessary. In many lawsuits, however, deposition testimony is important in painting a complete picture of the events.
On the other hand, if the opposing party knows the witness lied during their deposition, they may want to take the case to trial. Furthermore, if the opposing party believes the jury will not sympathize with the witness or find them credible, the opposing party may want to try the case.
How does Depositions work
Depositions don't take place in courtrooms. Instead, they usually occur in attorneys' offices or law office conference rooms. No judges are present during a deposition. A court reporter will record every word spoken during the entire deposition. If the parties know the witness will not be available at trial, a videographer may record the deposition.
The court reporter will swear in the witness, also known as the deponent. The oath requires the witness to tell the truth. Any false statements made under oath can carry both civil and criminal penalties. This is known as perjury. If a witness did not take an oath, their statement would qualify as hearsay. Hearsay is an out-of-court statement offered for the truth of the matter asserted. Hearsay is generally not admissible in court.
The Attorney who noticed the deposition will ask the deponent questions about the lawsuit. If other attorneys are present, they can then ask the witness questions.
All parties to the case may attend the deposition. A deponent often has their attorney present. The deponent's attorney typically has a more limited role than in a courtroom. The deponent's attorney will likely only actively participate if they object to opposing counsel questions or have follow-up questions.
Generally, the range of deposition questions is broader than those allowed in court. Attorneys for the deponent or parties to the lawsuit may object to some inquiries. However, the deponent is usually obligated to answer all proper questions. A judge can later rule on objections made during the deposition.
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