How to Give a Deposition in Your Injury Case

Giving a deposition in your injury case can be a daunting task, yet it’s a crucial aspect of the legal process. Whether you’re a seasoned litigator or facing your first deposition, understanding the nuances of this procedure is paramount. A well-executed deposition can significantly impact the outcome of your case, potentially leading to a favorable settlement before trial. Conversely, missteps during deposition can hinder your quest for justice. In this comprehensive guide, we’ll delve into the intricacies of giving a deposition in your injury case and provide valuable insights to help you navigate this process with confidence.

If you sustained injuries in an accident in Colorado, contact the personal injury lawyers at Front Range Injury Attorneys today to schedule your free consultation. Our experienced legal team are knowledgeable and zealous advocates for our clients and their cases. We treat our clients as people, not case files. Learn more about how we can help you pursue compensation for your injuries and damages. Contact our Denver law firm to learn more.

Understanding the Deposition Process

Navigating through a deposition begins with understanding the process and your role in it. Typically, the deposition date is agreed upon through legal channels or specified in a subpoena. On the designated day, you’ll find yourself seated at a table, facing a court reporter or stenographer, alongside attorneys representing both parties involved.

When giving a deposition, clarity and precision are paramount. Answering questions under oath demands attention to detail and composure. It’s imperative to respond only to the questions posed, refraining from unnecessary elaboration. Additionally, avoid inadvertently admitting fault or liability during your testimony.

Can I refuse to answer questions in a deposition?

While you cannot outright refuse to participate in a deposition, you retain the right to object to or refuse specific questions. Under the judicial rules of procedure, parties have a legal right to question witnesses under oath and use depositions as evidence at trial. Your attorney can object to questions and may instruct you not to answer for narrow reasons. These include questions asking about privileged information or questions that require you to subject yourself to criminal liability. If you refuse to answer questions, the attorney asking questions may contact the judge to obtain a ruling. If the judge orders you to answer the question, you generally must answer.

Can I bring notes to my deposition?

Depositions can present various challenges, from memory lapses to unfamiliar questioning styles. While you cannot bring notes to aid your testimony, it’s acceptable to admit when you don’t recall certain details. Maintaining composure and seeking clarification when needed are key strategies for overcoming challenges during deposition. Your attorney will help you prepare to be deposed; however, that preparation is only to ready your memory to give answers.

are both parties present?

Yes, all parties to a deposition have the right to attend a deposition. In most cases, the opposing party will not be there personally but their attorney will be present. If there are more than two parties in the lawsuit, all of them can appear and each party or their attorney has the right to ask questions. The only party in the lawsuit that must be present is the party compelled to appear for questioning. Generally all parties will appear through their attorneys.

Can you plead the 5th in your deposition?

Yes, you can plead the fifth in response to a deposition question if your testimony would reveal information that exposes you to criminal liability. The Fifth Amendment protects you from self-incrimination, even in a civil lawsuit. You can assert your rights even if a criminal case is not pending or you’ve been told the police do not intend to charge or arrest you. The possibility of criminal charges must be more than speculative, however. If you plead the fifth, the deposing lawyer will likely call the judge for a ruling.

what should i expect at my deposition?

If you were subpoenaed or noticed to appear at a deposition, you may be concerned about what to expect. At our law firm, we prepare all of our clients for depositions to help you understand the process and what to expect. In most cases, you will appear at the law office for the opposing party along with your attorney and a court reporter. Other attorneys may be in the room and possibly the other parties. The deposing attorney will have the deposition recorded which may be accomplished through a court reporter and/or video recording. You will be sworn in and the deposing attorney will begin asking questions.

Keep in mind that the deposition is a legal proceeding and the answers you provide may be evidence presented to the jury. It may feel like an informal meeting, but do not treat this as an informal event. When answering questions:

• Think about the question before answering
• Answer only the question asked
• Do not talk over the attorney
• Ask for clarification if you do not understand the question
• Do not volunteer answers beyond the question asked
• If your attorney starts talking, stop talking.

How should I dress for my deposition?

It is a good idea to come dressed professionally for your deposition. Depending on the state, you may have to receive notice if the deposition will be video recorded. Unless you know for sure that you will not be video recorded, you should appear professionally because a jury may see the video and you want to make a good impression. It’s also a good idea to dress in layers so you can stay warm or cool depending on the temperature in the office.

How our injury accident attorneys can help you

Mastering the art of giving a deposition in your injury case is essential for securing a favorable outcome. By familiarizing yourself with the deposition process, asserting your rights, and seeking professional representation, you can navigate this legal hurdle with confidence. At Front Range Injury Attorneys, we stand ready to provide the guidance and advocacy you need to achieve success in your injury case. Contact us today for a complimentary consultation and take the first step toward securing the justice you deserve.