You will often hear reference to a deposition being given by key witnesses in a high-profile legal case. Did you ever wonder what a deposition is and how it can be used in a legal case? If so, read on and you will find out.
The Discovery Process
During the discovery process information is gathered about a particular case. This information is used by attorneys
on both sides to allow them to build a case strategy of defense or prosecution. This pre-trial information can be very helpful to all involved as it give them a framework to build on and allows for a more expeditious hearing and trial, if in fact a trial is scheduled. Often times the information revealed during the discovery process can set the stage for an early settlement without the need for an expensive and lengthy trial. The information gathered during the discovery process is obtained through interrogatories, subpoenas and depositions.
An interrogatory is simply a set of written questions sent to an individual or individuals which is answered in writing and returned to the requesting party. A subpoena is a court issued order requiring you to appear at a given time and place to provide testimony in person. It must be delivered in person either by a party to the case of by a process server. If the case is criminal in nature you must appear in a court to provide testimony under oath. If the case is not criminal (civil cases) you may be asked to testify somewhere other than a court room. Often a subpoena may require that you provide documents relevant to the case. These should be specified clearly in the subpoena. A deposition is an oral statement given by a witness before the trial and under oath.
Essential Elements of a Deposition
A deposition differs from other forms of discovery (interrogatories and subpoenas) in so much as the subject is required to answer questions about the case in person and under oath. The attorneys for both the prosecution and the defense are attempting to uncover all the details pertaining to the case so they are totally prepared for the trial. In most cases both sides are aware of all witnesses who will be testifying and most evidence that will be presented. The deposition gives both sides the opportunity to hear what they will be up against so they can prepare a rebuttal as best they can. They are trying to lean everything possible so they are not caught off-guard during the actual trial.
The deposition is usually done at one of the attorney’s offices. The attorneys for both sides are usually present. They will ask questions relevant to the case to learn as much information as possible. A court reporter will record everything that is said and provide a written transcript to both sides prior to a court hearing. Today, many depositions are video recorded and then played back in court for observation by the jury and judge.
A deposition can be a short process taking just a few minutes with a few questions or it can be a lengthy procedure lasting days or even weeks. Since the person being deposed, the deponent is under oath it is critical that they tell the truth just as if they were in court. Failure to do so can result in civil and/or criminal penalties.