A deponent testifies under oath in a deposition, which is part of the pretrial discovery process. Depositions are conducted in private with both lawyers present, and the testimony is recorded and can be used in the trial. Deponents must comply with subpoenas, but arrangements can be made to accommodate their needs. Preparation is helpful, and deputies are expected to tell the truth.
A deponent is a person who testifies under oath in a deposition. Depositions are part of the pretrial discovery process, allowing attorneys for both sides to hear testimony and ask questions of someone who has information relating to the ongoing trial. Those who have served as a deponent may also be called to testify at trial, and people should be aware that deposition does not exempt them from also being witnesses when the trial comes to court.
Depositions are conducted before trial in private chambers or law offices. The lawyers of both sides are present, together with the stenographer. The deponent is placed under oath, and then invited to testify on the materials relating to the case. Attorneys have the opportunity to ask questions during the deposition to clarify information or extract additional information from the deposition.
The testimony of the deponent is recorded by the clerk and becomes part of the material that can be used in the trial. If the declarant is not available to testify at trial, the statement can be read in the record. If the deponent testifies as a witness, attorneys can use the deposition to guide the testimony; they may also dispute parts of the testimony that conflict with the previous deposition, or use quotes from the deposition to jog the witness’s memory.
When someone is called upon to give a deposition for a trial, they must comply with the subpoena. If the writ of summons presents a difficulty, an alternative solution can be found. For example, if a deponent cannot attend deposition on a particular day, arrangements can be made to move him to a different day which will be easier for him to attend. Typically, attorneys try to accommodate deponents’ needs to keep them comfortable and avoid antagonizing them, as evidence can be more helpful when it is provided voluntarily.
Someone who has never testified may find it helpful to prepare before a deposition by speaking with a lawyer to get a better idea of what to expect. Preparation may also include reviewing material that will be discussed in the deposition so that the deposition can give clear and accurate testimony. Just like a witness on the stand, deputies are expected to tell the truth, and there can be legal penalties if a deputy lies or gives misleading information in a deposition.
Protect your devices with Threat Protection by NordVPN
