“Deposition” can be a very intimidating word for someone who isn’t used to the inside of a courtroom, especially knowing that your words can have very real legal weight in your case. However, it doesn’t have to be a scary experience, especially if you’re prepared for the experience and have a knowledgeable and experienced legal representative by your side. We strongly encourage you to have legal representation, as it can make the process much more manageable and provide you with the necessary support. Here are a few of the questions we hear the most when helping people in North Metro Atlanta give depositions in various cases, including personal injury, malpractice, family law, business disputes, and more.
Where Does the Deposition Take Place?
First, as with everything else, the coronavirus has disrupted this process but has not made it impossible. Since quarantine began, we’ve been helping clients by conducting interviews, negotiations, and even depositions over the phone or virtually through video conferencing software. As long as all parties consent and a court official properly records the deposition, this is a perfectly legitimate means to take a deposition.
The larger point is that, under ordinary circumstances, this isn’t a proceeding that must occur in a courtroom or a judge’s chambers. Usually, this takes place in the office of either a lawyer or a court reporter. While what happens at a deposition carries the weight of the court, it’s important to remember that it’s a less formal proceeding than a courtroom procedure. This should help alleviate some of the intimidation and make you feel more at ease.
Who Will Be at My Deposition?
If you have representation, your lawyer or a representative from their office will be there with you. On the other side, you can expect legal representation from whoever is on the other side of your dispute and a representative from their insurance company (if applicable to your case). Most vitally, a court stenographer will record every word spoken throughout the deposition accurately. This is very important, as the testimony given during the deposition will be used throughout any mediation/negotiations or courtroom trial proceedings. The court stenographer’s role is to transcribe the entire deposition, ensuring that a verbatim record is available for future reference. They are a neutral party, not affiliated with either side, and their sole responsibility is to accurately record the proceedings.
What Can I Expect to Happen at My Deposition?
Continuing the thought from the first question – a deposition is a legal proceeding, but don’t let that intimidate you: it’s perfectly acceptable for you to ask for breaks if you need them or make requests to make yourself more comfortable, especially if you’re still experiencing pain from the injury that brought you there in the first place. If you have a lawyer with you, be sure to let them know of any accommodations you need throughout.
Depending on your case, the deposition can take anywhere from 30 minutes to several hours. In it, you will be asked questions to establish all the facts surrounding your claim. In a personal injury claim, for instance, this can include:
- Questions about your medical history
- Background information on your life and work history
- The facts surrounding the accident/injury
- Details on any treatment you’ve received as a result of your injury
- Details on any lingering/permanent effects of your injury
Regardless of the nature of your claim/case, you should be prepared to go into detail about aspects of your life surrounding the case.
Do I Have to Answer Every Question at My Deposition?
Absolutely not, and having a good lawyer in the room or on the call with you is an excellent way to protect against inappropriate questions that pertain to privileged information (such as personal medical history not relevant to the case) or are unrelated to the subject of the claim (such as questions about your personal relationships). Your lawyer can object to such questions and advise you on how to respond, empowering you to maintain control over the deposition.
However, you should be prepared to honestly answer many questions that might seem intrusive but are directly related to an investigation into your claim. Again, this is where having a good lawyer on your side can come in handy, as they can help you prepare for what questions to expect and how to answer them. In general, be ready to honestly answer any questions as asked and not add any additional information or commentary. Stay calm and polite, keep your answers simple, and maintain eye contact with the questioner or the camera. It’s best to remember the saying, “Cases are never won in the deposition, but many of them are lost.”
Ready to move forward? We’ve got years of experience guiding our neighbors here in Georgia through the disposition process, so reach out today and see what we can do for you.