A legal deposition is testimony taken outside of court by a person under oath, allowing lawyers to gather information about a case. Recording methods include a stenographer, transcription machine, and audio-visual equipment. Depositions help attorneys decide whether to call a witness and prepare for trial. Documents may be presented, and deponents meet with their attorneys beforehand. Legal depositions are not available in all countries, and guidelines vary.
A legal deposition is testimony taken outside of court by a person who is still under oath. It’s a good way for lawyers to find information about the case. They ask the person under deposition, or deponent, targeted questions to clarify ambiguities or learn details about the case. In some cases, only one lawyer can question the deponent; in other cases, multiple attorneys from multiple parties may ask questions of the settlor.
There are several methods for recording the questions asked and the answers provided in the course of a legal testimony. There will always be a court stenographer. Can take handwritten notes; however, that practice has largely been replaced by more technical equipment, such as a transcription machine or computer that records and transforms the human voice into typed words. Also, many attorneys like to use audio-visual equipment to record and videotape the deposition. As a result, the exact words, the emphasis the deponent places on a given word, and the deponent’s body language are all recorded and can be reproduced during a court trial.
In addition to determining the facts of the case, a legal deposition also helps attorneys decide whether they want to call a witness to testify during the trial. Sometimes a seemingly important witness becomes unimportant after a deposition, or vice versa. Furthermore, the details learned during a deposition can be very important in preparing for the trial. For example, if a deputy admits a fact that he has previously denied, the admission will be used against her in court. Also, if the deponent is unavailable during the trial, her testimony may be used in lieu of her presence, if her absence is permitted by law.
Sometimes documents are presented during a legal deposition. Documents can be used to refresh the deponent’s memory or to cause the deponent to answer questions relating to a specific document. In most cases, multiple copies of each document will be presented during the legal deposition: one for the deposer, one for each of the attorneys present at the deposition, and one for the stenographer.
A deponent will meet with his or her attorney before legal deposition takes place. It is unethical for the advocate to tell the deponent what to say; however, the attorney can review the documents and matters of the case with his or her client. During the deposition, it is best for the deponent to keep his answers concise and, of course, truthful. When the deputy starts making assumptions, simply to answer a question, he may run into problems in the course of the deposition or during the trial.
Not all countries have legal depositions, and countries that allow depositions, such as the United States, India, and Canada, have strict guidelines that can vary from jurisdiction to jurisdiction. Countries that follow the common law legal system, such as England, New Zealand and Australia, do not have depositions. While such courts do not accept depositions, there are companies that offer deposition-related services for lawyers testifying a witness in those countries.
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