my lawyer told me i have a deposition what is it

Do I need Lawyer representation for a Depositio?

A deposition is the taking of out-of-court testimony of a witness. After a civil litigation has been filed, each side, as part of the process known as discovery, is permitted to question the other side. This questioning pertains to facts, witnesses, and evidence the other side may intend to use in court proceedings.

How does a lawyer prepare to take a deposition?

May 10, 2007 · A deposition is a legal device that allows the parties in the lawsuit to fish for information that the other side may be holding. After all, the point of a civil lawsuit is to determine the facts of the case, allocate fault if any, and return an injured party to as close to the position they were in before the facts occurred as possible.

Who pays for your lawyer for a deposition?

Jan 20, 2022 · But that's TV. So to me, that's a deposition. I go into a conference room, there's a lawyer on one side, I have a lawyer on my side, like what is a deposition? It's a lawyer asking me a bunch of questions and there's ramifications to my answers. Right? Blaine Clooten: Good. Again, your layman's explanation is pretty darn close to what reality is.

Do you need a lawyer for a deposition?

Oct 15, 2011 · A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition. The deposition may be used to gain information or to impeach you at trial.

Why do depositions occur in occupational medicine?

Sometimes a work-comp case requires a doctor’s testimony. Workers’ compensation courts prefer that this testimony be given in the form of a deposition. All this means is that an attorney asks a doctor a series of questions.

How to make time for depositions

Depositions can take place outside of business hours and on the weekend, which should free up your calendar. When I’ve been called in for depositions, I try to reschedule them for the evenings. This way I can still see my patients during the day.

Learn More

To learn more about depositions, check out our video on Understanding Depositions.

What is a deposition in a lawsuit?

A deposition is a legal device that allows the parties in the lawsuit to fish for information that the other side may be holding.

What are the rules of deposition?

Rules of Deposition. When taking a deposition, the rules are a little less stringent then when questioning a party or witness at trial. In a deposition, the questioning is designed to gather any information that can reasonably lead to relevant evidence.

What to do if you don't understand a question?

If you do not understand a question, ask the attorney to clarify it. If you think that you might be able to answer a question many different ways depending on what the attorney meant, do not give all the possible answers. Ask the attorney to clarify the question so you can use as few words as possible to answer it.

What is a deposition in court?

What Is a Deposition? A deposition is pre-trial oral testimony taken under oath. In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, ...

Why do attorneys ask questions during depositions?

Your attorney may ask questions of you during the deposition, but typically your attorney will only ask questions of you in order to clarify a confusing answer. Like opposing counsel, your attorney may schedule and take depositions to help build your case. If there are some issues about your case that you consider worrisome, ...

What is the purpose of a deposition?

Purpose of a Deposition. Depositions are extremely useful to opposing counsel. In a deposition, the opposing counsel will want to find out what you know regarding the issues in your lawsuit so that they can prepare for your testimony in advance of trial. The testimony you give in a deposition may be read at trial, ...

What is the best way to prepare for a deposition?

The following are suggestions to help you prepare to give you deposition: Always tell the truth: Failure to tell the truth in a deposition constitutes perjury, which is a felony. It can also damage your case if the truth comes out at trial.

What to say when you don't know the answer to a question?

Don't guess: If you do not know the answer to a question, you should say that you do not know. You have a right to confer with your lawyer: At any time during the deposition, you will have the right to speak with your attorney privately regarding the question and your answer. Do not hesitate to exercise this right.

What to do if you are asked to supply documents?

If you are asked to supply documents or information, refer the opposing counsel to your attorney. Do not reach into your pocket for a social security card, driver’s license, or any other document, unless your attorney requests that you do so.

What to do if you don't know all the details?

You aren't expected to know all the details: If you do not know all the details, relax. Simply state what you do know and leave out the details. Do not give an answer that requires you to consult records not available at the deposition or requiring you to consult your friends and associates for the answer.

What is a deposition in court?

A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition. The deposition may be used to gain information or to impeach you at trial.

Can a judge be present at a deposition?

There is no judge or jury present. your attorney (or the attorney defending the deposition, if you are a witness and not a party) may make objections. These objections are to preserve the record. You may be told by the attorney to go ahead and answer the question despite an objection.

What to expect during a deposition?

A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition .

What is the rule of deposition?

Therefore the better you come across to the attorney, the more you will help your case. Rule 12. Leave your emotions at home.

Can you win a deposition?

Rule 1. Remember, you cannot win your case at your deposition. While this is probably the first opportunity that you have had to explain your side of the controversy, there is no judge or jury to decide your case at the deposition. Providing incorrect or too much information can harm your case.

Do you have to attend a deposition?

You are legally required to attend the deposition however , you may retain an attorney to represent you other than the Company's attorney. If you feel the answers you will give could have you fired you should consult with your attorney.

What happens if you don't answer questions at a deposition?

If you are called and sworn as a witness to testify at a deposition you have an obligation to truthfully answer questions that do not call for privileged information. You are not required to answer questions that call for the disclosure of privileged communications, such as attorney client, doctor patient, accountant client and, minister parishioner communications. However, if you think you may be asked to disclose such information it would be advisable to tell your new employer's attorney and ask the attorney to object to your providing that kind of information. If you fail to answer questions that are not protected by privilege you could be held in contempt of court and jailed or fined or both. It is a violation of Michigan public policy to terminate an employee for giving truthful testimony under oath. Depending on the kind of case you are being deposed in it may also be a violation of the statute the litigants are proceeding under. For example, if the suit is brought under the civil rights laws, it is a violation of the anti-retaliation provisions of those laws to demote, fire or take away a benefit of employment because you give truthful testimony in a proceeding under the law.

Can an employer supply you with a lawyer?

You can ask that your employer supply you with a lawyer not connected to the company, and that this should be paid for by the company per labor code section 2802. the lawyer your company is using to be with you may have a conflict of interest. I would ask the company lawyer to put in writing he has no conflict of interest, and that everything you tell him is protected by the attorney client privilege including that he will not reveal any communication to your current employer. If he does not, he may have a conflict and you should insist on them hiring an independent lawyer at their expense per 2802.

Can you be subpoenaed for a deposition?

Since you are not a party to the lawsuit, they would have to subpoena you for a deposition. If a subpoena is issued for you to attend a deposition, you will have to appear. If your answers would place you in criminal jeopardy, you can always invoke your 5th Amendment rights. Otherwise, you may have to truthfully answer the questions. Prior to your deposition you may wish to speak with an attorney who can assist you in truthfully answering the questions but maybe in a way that will also protect your interests.

Can you ignore a subpoena?

Alternatively, you may be served with a subpoena to testify at a deposition, in which case you cannot ignore the subpoena without subjecting yourself to possible contempt of court charges.

Can you file a motion to quash a subpoena?

Assuming you have been subpoenaed, you could file a motion to quash the subpoena, or otherwise work with the lawyer to reschedule the deposition or to set up other parameters.

Do you have to tell the truth when you are served with a subpoena?

As you will be served with a subpoena and testify under oath, you must tell the truth. If you are afraid of criminal prosecution you should retain a lawyer to attend the deposition with you.

What happens if you file a personal injury lawsuit?

Once you file a lawsuit in a personal injury case, the other side has a right to find out what information you have about the accident and your injuries so they can be prepared for trial, if the case doesn’t settle.

What to say when you don't remember something?

Everybody forgets things. If you don’t remember something, say “I don’t remember”. Don’t try to fill in the answer with what you guess is the right answer because once you give an answer in a deposition, you can’t change it. 7. Don’t be afraid to say “I don’t understand” or “I’m not 100% sure what you’re asking”.

What is a deposition transcript?

That booklet is called a transcript. That's your deposition transcript. In legal circles a deposition is also known as an examination before trial. When you bring a lawsuit, you put your medical condition in issue.

What is a stenographer?

The stenographer is there to record all of the questions you are asked and all of the answers you give. Those questions and answers are transcribed and put into a booklet.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What is a deposition in court?

A deposition is pre-trial testimony, taken under oath, typically at an attorney’s office or neutral conference room space. The deposition can help flush out the facts of the case and the testimony given at a deposition will often be used again at trial.

What is testimony given in a deposition?

Testimony given in a deposition also can commit you to a position later on at trial. Sometimes, statements made during a deposition can help prompt settlement discussions. This is especially true when deposition testimony is especially harmful or helpful to one side of the lawsuit.

Why is a deposition important?

The deposition can help flush out the facts of the case and the testimony given at a deposition will often be used again at trial. Testimony given in a deposition also can commit you to a position later on at trial. Sometimes, statements made during a deposition can help prompt settlement discussions. This is especially true when deposition ...

What Is A Deposition?

• A deposition is pre-trial oral testimonytaken under oath. In a deposition, the opposing attorney (counsel) will ask you various questions, and those questions and your answers will be recorded by an official court reporter. There is little difference between testimony at a deposition and testimony in the courtroom, except that there is no judge pre...

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Purpose of A Deposition

Suggestions For Preparation