Depositions are fact-finding sessions in civil cases where one party’s attorney interviews the opposing party. They are recorded and transcribed, and anything said can be used as evidence in court. Witnesses should be careful with their responses and bring documents to help recall events. Lawyers can object to questions and clarify answers. Depositions can also help opposing counsel assess a witness’s credibility and likability. Judges are rarely present, but both parties can attend.
Civil cases, such as those relating to divorce, give each party the right to certain fact-finding sessions. A deposition is a type of fact-finding in which one party’s attorney interviews or takes testimony from the opposing party. The person being interviewed will take the oath similar to when testimony is given in court, and the attorney will then begin asking questions about the case.
Often a deposition is tape- or video-recorded, but all are transcribed by a stenographer. Testimonials are an important part of any case, and witnesses should be very careful with their responses because the same laws regarding perjury and lying under oath still apply. If a party or witness is not present when the case goes to trial, a deposition can be used as evidence in lieu of testimony in court.
All things said during a deposition are used during a trial, so any admissions given during that time will be exploited. Likewise, if there are discrepancies between deposition testimony and court testimony, opposing counsel will use this to his advantage to disprove the credibility of a witness. For this reason, witnesses are advised to bring along documents, planners, journals, or notes that can help them recall events more accurately.
All parties are encouraged to bring their own lawyers when questioned. He or she will give instructions on how to handle certain questions, but won’t rehearse the answers. Rather, the questioned party will be encouraged to seek clarification of questions they do not understand and to listen very carefully. The lawyer may also object to irrelevant, vague or misleading questions; and will likely examine the person to clarify answers.
Opposition counsel can also use a deposition to get a good idea of what the person will look like when they actually sit on the witness stand. This can include whether the person seems believable and likeable, both factors that can help sway a jury in favor of the person. Your own attorney can also note appearances and help teach your client how to better handle answering questions under pressure.
Depositions have no juries and very rarely have judges present. In some rare cases, an attorney may request the presence of a judge to handle disputes on certain matters. The other party may also be present at the deposition, a rule that applies to both parties.
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