A deposition is a process of giving sworn testimony under oath at a specific place at a certain time. Depositions usually occur when someone is in the discovery phase of a personal injury case. It happens after the filing of a lawsuit but before a trial takes place or a settlement is made. It is similar to a trial in the sense that the lawyer will ask the person being deposed questions. In some cases, the deposition testimony may be admissible in court.
There are many reasons for taking a deposition in different types of personal injury cases. One reason is to collect important facts about the case. Another reason is to figure out how a person will testify at trial. Lastly, to establish how and when the injury occurred, of course. During a deposition, there is usually an examination from one attorney, as well as cross-examination by an opposing attorney. In the midst of questioning by the examining attorney, the opposing attorney can object. Since it is not a real trial, there is no judge to rule on objections. If there happens to be an objection, it is noted, recorded and the questioning continues. If a workers’ compensation settlement dispute is taking place, a deposition can be held to provide the evidence obtained to express liability, nature of the injury, etc. so that both parties can continue to push toward a settlement.
