Meeting with your opposition’s attorney is sure to be the last thing you want to do. However, if you are involved in a lawsuit due to a car accident, you will probably be required to do this. There are various stages of discovery that will help determine who wins or loses the case. The deposition can strengthen or weaken your case. It’s important to prepare in advance for this part of discovery.
What is a Deposition?
During civil litigation, it is important to learn the details of the case or what occurred when the accident happened. One way this is done will involve either of the disputing parties meeting with the other’s attorney and answering a series of questions, this is referred to as the deposition.
Listed below are facts to know about a deposition:
1. There will be a court reporter present who will transcribe the entire meeting.
2. You must be sworn in under oath to ensure you provide truthful responses.
3. The transcription of the deposition may be used in court.
Tip #1: Consult with your attorney
One of the best ways to prepare for your deposition is by meeting with your attorney beforehand. This will help you have a better understanding of the entire process
Listed below are some questions to discuss:
1. What type of things do you think the attorney will ask?
2. Can you object to any questions that are asked?
3. What if there is something asked and there is not an easy response to provide?
4. How long does a deposition last?
5. Is this meeting videotaped?
Tip #2: Provide brief responses
When possible, answer with a short yes or no response to any question you are asked. By avoiding long and detailed responses, this will allow you to decrease the possibility of saying too much. Remember the attorney who is conducting the deposition is working for the other side.
Tip #3: Understand the question
Never provide any response without fully understanding what is being asked from you. It’s important to keep in mind that there will be a transcription provided to the other party and the court system that lists every word you say.
If you need clarification of any question, be sure to let the attorney who is disposing you know this.
Finally, by being prepared for your deposition, you will have the best chance of success and building a stronger case. Be sure to work with your car accident lawyer to know what to expect and how to be as prepared as possible.