Tort Terms

Deposition

Fairfax Injury Lawyer Brien Roche Addresses Deposition

Brien Roche

Under the Rules of Court in most jurisdictions either party has the right in a civil case to take the deposition of the other party and the deposition of witnesses. This applies to personal injury as well as all other civil matters explains injury attorney Brien Roche. A deposition is simply a statement given under oath in response to questioning by an attorney. Depositions are normally conducted in the office of one of the attorneys involved in the case and a verbatim transcript is taken by a court reporter.

Deposition Objections

During the course of a deposition there is no judge present to rule on objections. Attorneys may make objections during the course of the deposition but the general rule is that the only objections that need to be stated on the record are those objections that go to the form of the question. These types of objections relate to defects in the way the question is worded which could be cured by the other attorney simply by rewording the question.

Depositions in general are used to discover what parties and witnesses know about the facts of the case so as to allow the attorneys to streamline their case for presentation at trial. Some courts do limit the number of depositions that may be taken by either side so as to prevent one party from abusing the process.

Deposition Uses

Some courts also impose limits on the length of depositions i.e. six hours. Depositions can become very contentious on occasion. If that is the case then it may become necessary to seek the involvement of a local judge by phone to get a ruling on the objections of one party or the behavior of one attorney.

Once a deposition has been taken then it may be used at trial under certain circumstances by reading it to the jury/judge or may be used to contradict the witness if the witness gives contrary testimony at trial.

For more information other personal injury related matters see the other pages on this site.
For more information about depositions see the pages on Wikipedia.

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Deposition

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