What Is a Deposition?

• April 29 2024
• |   Depositions

In a legal case, before the actual trial happens, both parties would want to gather as much information as possible, and one way they do this is through a deposition. A deposition is when someone involved in a legal case (for example, a witness, the person suing (plaintiff), or the person being sued (defendant)) answers questions under oath. Whoever answers the questions under oath is called the deponent. However, a deposition usually happens in a lawyer’s office instead of a courtroom.

During the deposition, a special person called an officer of the court writes down everything that’s said. This helps both sides understand what each person knows and plans to say during the trial. Therefore, a deposition is like a pre-trial interview where people involved in a case answer questions under oath, helping everyone prepare for the actual trial. It can also be an essential step toward settlement.

If you are involved in a lawsuit, you must have our attorney with you during the deposition. Having a lawyer with you during a deposition is important because we will ensure you refrain from accidentally saying something that could cause problems later. We will coach you on responding to certain questions, or you might say something that could hurt your case without realizing it.

So, having our lawyers help you during a deposition is crucial to ensure you’re protected and your rights are looked after. If you or a loved one needs an attorney to help prove your case and guide you through a deposition, you can hire our experienced attorneys.

Why hire our attorneys?

At Leverty & Associates Law, we have experienced and knowledgeable lawyers who are always ready to fight in your favor. We have dedicated our career, experience, skills, and knowledge to our clients who need legal assistance. We are committed to every case we handle and will give you the legal support you need.

Your legal needs will always be our priority. All you have to do is reach out to us. Contact us at (775) 322-6636 (Reno) or (702) 507-0201 (Las Vegas); we offer free consultations.

We have a successful track record and do all we can to help our clients secure a favorable outcome.

What is the purpose of a deposition?

In a deposition, a living witness is needed. This witness talks about what they know and believe, which is different from written information in documents or answers to interrogatories from lawyers. Deposition helps to gather important information and keep a record of what the witness said.

The goal is to ensure everyone knows the facts before a trial starts so there are no surprises. Unlike in movies or TV shows, bringing in a surprise witness during a trial is seen as unfair. Before a trial, all witnesses must be known, and what they will talk about is usually decided beforehand.

A deposition is like a practice before the big game (the trial). It’s not just about getting people to say good things for your team; it’s also about finding out if anyone might hurt your case. Think of it as a chance to see the other team’s playbook before the game starts. Depositions help everyone determine where they need to improve before the trial.

Another reason to depose a witness is to see how they do when the other side asks them tough questions. If they handle it well, the other team might consider settling the case instead of going to trial. If the other team sees that the person might be viewed sympathetically, they are more willing to offer a settlement.

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.

We have the expertise to represent you at a deposition and protect your interests.

Why you need our lawyer’s help during a deposition

If you’re wondering whether you need a lawyer at a deposition, the answer is yes. At a deposition, there are some traps you would want to avoid, and having our lawyer by your side can help. Here’s how our lawyers can help you.

• We will keep you from getting in trouble with the court for not following the rules.
• We will ensure you do not lie under oath, which is perjury.
• We will keep you from sharing more information than necessary.
• We will ensure you are not embarrassed by personal questions that don’t relate to the case.
• We will ensure you do not accidentally admit to a crime without realizing it.

Things should go smoothly when you work with our lawyer beforehand and have them present during the deposition. They can prevent you from answering questions you shouldn’t and prepare you for what to expect. Additionally, we will be there to protect you if any tricky situations come up.

What happens after a deposition?

Depositions are part of the discovery phase, and based on the information discovered, the parties might set up more deposition sessions. Also, a court reporter writes down everything after a deposition, and the written record is available to the parties involved. Having this record helps them understand the case better and decide whether to settle or go to trial.

Get help from Leverty & Associates Law

At Leverty & Associates Law, we have more than 40 years of experience. The skills and knowledge we have gained over these years have helped us successfully offer our clients the legal services they need. We can help you with your case, too.

We can successfully represent you, whether at a trial or a deposition, and we will offer you our legal support and advocacy. If you need a team of lawyers by your side, we are the ones to call. Contact us at (775) 322-6636 (Reno) or (702)507-0201 (Las Vegas). We offer free initial consultation.