Why would an attorney want a deposition?
Asked by: Brian Schultz | Last update: December 9, 2025Score: 4.3/5 (27 votes)
Depositions offer litigators the opportunity to excel during the trial by giving advance notice of a witness's likely testimony. And depositions, when conducted remotely, can advance civil litigation without the need to incur travel expenses or the costs of attorneys' time spent traveling to an in-person deposition.
Do cases usually settle after deposition?
After a deposition, settlement can happen in days, weeks, or months, depending on your case specifics. If a settlement isn't reached, the case may go to trial, where a judge or jury decides. However, most personal injury cases settle before trial.
How serious is a deposition?
A deposition usually occurs at the early stage (the discovery phase) of a civil or criminal case. However, its effect can have significant and far-reaching consequences throughout the entire case, including having great impact on the outcome. Depositions are based in facts, facts, and more facts.
What does an attorney usually hope to achieve at a deposition?
Generally, it has two purposes: To find out what the witness knows, and to preserve that witness' testimony. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised at trial.
What does it mean when an attorney says form in a deposition?
A form objection is one that challenges the manner in which the question is posed as opposed to a question that asks about hearsay or privileges. Those objections are not waived by not raising them in deposition.
Part 1 of the Marcus Lemonis Deposition for Stetler V
What does it mean when a lawyer wants a deposition?
A deposition is taking a witness' testimony outside of court. At a deposition, the witness is sworn in, and answers questions under penalty of perjury. A court reporter is hired to transcribe the testimony. The witness might also be audio or video recorded.
What are the three objections in a deposition?
While they vary depending on jurisdiction and specific case, lawyers generally can make objections on the grounds of form, relevance, or privilege in depositions.
What not to say during a deposition?
- Guess or speculate. “I don't know” or “I can't remember” is acceptable.
- Be anxious or stressed out. It will affect what you say and how you appear.
- Be defensive or angry. Never argue with the attorney.
- Offer information not requested. ...
- Talk too much or ramble. ...
- Talk too little. ...
- Be too extreme.
What usually happens during deposition?
What happens during a deposition? A deposition is a simple procedure, a session of questions asked by the opposing counsel that the witness has to answer. The focus for the witness is not on telling their story but on telling the truth to the opposing counsel.
How long do depositions last?
Depositions can take as long as 4-6 hours. However, in most situations, they generally last 2-3 hours for parties to the lawsuit and sometimes only 30 minutes to an hour for a witness. Depositions take place in an attorney's office, not a courtroom.
Should I be worried about my deposition?
Don't Fear Depositions
In many cases, depositions can lead to settlements, avoiding the necessity of trial. Think of it as a necessary but important step in the process of getting justice and fair reparation for your injuries.
What comes next after a deposition?
The Written Transcript
In the several weeks following the deposition's conclusion, the court reporter will make a verbatim report. This report will include a complete account of the deposition in its exact wording, including the questions asked in your responses and any other interactions within the court environment.
At what stage do most cases settle?
Roy Comer: Statistically we know that 98 per cent of civil cases settle before trial. There are multiple reasons why this happens. In my opinion, the primary reason for pre-trial settlement is the plaintiff does not want to go through the gantlet of having a judge and jury scrutinize them. There is some wisdom in this.
How do you know if your deposition went well?
- Consistency and Clarity. In a successful deposition, you will provide clear, consistent answers that align with your previous statements and evidence. ...
- Remaining Calm and Professional. ...
- Listening Carefully and Answering Honestly. ...
- Limited Objections from Your Attorney.
How do I get out of a deposition?
Participants in a deposition, whether they are witnesses or attorneys, generally cannot leave the deposition at will; they must have valid legal grounds. Such grounds include: Health emergency: If a deponent or attorney faces a sudden health issue.
Does a deposition mean going to trial?
Regardless of the fact depositions and testimony are important, in some cases they may not be necessary. In fact, participating in a deposition doesn't necessarily mean your case will go to trial.
How long after deposition is settlement?
How long it takes to get a settlement after deposition will vary from case to case. It could be days, weeks, or months before you resolve your legal issue and negotiate fair payment for your losses. Continue reading to learn more about depositions and seeking compensation via a Atlanta personal injury lawsuit.
What is most likely to happen during deposition?
Typically, the deposition is requested by one party to get information from the other party, the other parties' witnesses, or third party witnesses. All parties can ask questions, but usually one party asks hours of questions while the other party saves their questions for trial.
Is it OK to cry during a deposition?
If you have been severely traumatized and have become depressed as a result of that trauma, it is expected that you will act depressed and perhaps cry, if appropriate, at your deposition.
How to defend yourself in a deposition?
- Be prepared. ...
- Think before answering. ...
- Never volunteer information. ...
- Make sure you understand the question. ...
- You must tell the truth. ...
- Don't get rattled or upset. ...
- Don't guess. ...
- If you do not remember, say so.
Can you decline to give a deposition?
Generally, you can't refuse to give a deposition. The parties have a legal right to question witnesses under oath, including opposing parties in the litigation. However, even though you can't outright refuse to give a deposition, you can object to specific questions.
What questions can you refuse to answer in a deposition?
Private information. You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.
What is the leading question in a deposition?
A lot of time in depositions, since there's no jury there, the deposing lawyer gets out of the habit of asking leading questions, and just asks open ended questions. Leading questions suggest the answer that you expect to get and literally “lead” the witness. An open ended question does not suggest the answer.
What is the best evidence rule in a deposition?
The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.