Your Personal Injury Lawsuit Deposition

The other party's attorney, or insurance company has sent your attorney a Deposition Notice. They want to take your deposition. What exactly does this mean? A Deposition is a chance for one party to ask the other party questions, under oath, and/or to produce documents or other things.

The Defendant (other party) can send out a Deposition Notice as soon as they file an Answer to your Complaint. They must give you at least 10 days notice and the deposition must be held within 75 miles of your residence if the lawsuit is in the same County where you live, or within 150 miles of your residence if the lawsuit is in another County, and they want to depose you in that County.

A Court Reporter will be transcribing everything that's said during the Deposition and will be the person who administers your oath or affirmation. The Deposition may also be video taped. If the Defendant wants to video tape the Deposition, they must say so in the Deposition Notice. Be aware that everything you say will be the same as if you were saying it in Court. If you answer a question in your Deposition one way, you must answer it the same way in Court.

The Deposition Notice will list any documents or other things that the Defendant requires you to produce at the Deposition. Unless your attorney objects, you must produce these items.

A Deposition is usually held in an attorney's conference room or, sometimes, at the conference room of a hotel. The Defendant can be there with his/her attorney. If your attorney deposes the Defendant, you can go also. In fact, it's important that you go, if for no other reason than to make a positive identification of the Defendant. In one case, an attorney deposed a Defendant and the Plaintiff didn't go with him. When they appeared in Court, the Plaintiff took the attorney aside and said that the Defendant wasn't the person who was driving the car that hit him! The Judge wasn't happy.

One purpose of a Deposition, besides getting the answers to more questions and documents, is to size you up. The Defendant's attorney wants to see what kind of witness you will make in Court. How will you appear to a jury? Can he get you upset or angry and make you appear unstable to the Jury? Do you present a good appearance, or do you have tattoos on your neck and a pierced tongue or nose? It's ok to have tatoos and body piercings, but you want to minimize these things at your Deposition and Trial.

Here are some things to keep in mind for your Deposition:

• Make sure you meet with your attorney before the Deposition to review your case. This is very important.
• Dress neatly. You don't have to wear a business suit, but you must be neat and clean. No t-shirts or tank tops.
• Don't speak unless spoken to.
• Give your attorney a chance to object to the question before you begin your answer. If he or she objects, don't answer the question.
• Listen carefully to the questions and answer exactly what they are asking. Don't elaborate.
• If you need to take a break, or talk to your attorney privately, that's ok.
• Always answer as precisely and truthfully as you can.

After your Deposition, you will have a chance to review the transcript and make any changes, which will be sent to the Defendant's attorney. You will sign the Deposition after you have reviewed it and made any changes.

The Deposition, along with all the other forms of Discovery, becomes a part of your file and if it is necessary to go to Court, these will all become very important parts of your case. So treat each thing you must do seriously, so your answers don't come back to haunt you in Court.

HERE'S A GOOD RESOURCE: