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If you file a lawsuit, there is a good chance that you will have to give a deposition. A deposition is a formal process in which a witness or a party to a case is questioned by an attorney outside of the courtroom, typically under oath. Should your case go to trial, your testimony may be used in court if certain conditions are met. The main purposes of depositions are to gather evidence, lock in a witness’s testimony, evaluate witness credibility, and narrow down issues for trial.
After you file a lawsuit, you may be asked to give a deposition. It is part of the pre-trial discovery process, which typically yields evidence for both sides. However, your case may or may not go to trial. Most cases that involve deposition do not go to trial because the parties end up settling.
In court, a cross-examining attorney can only ask questions that the Oregon Rules of Evidence permit. To be admissible, they must be relevant and meet other admissibility standards. In a deposition, the lawyer’s questions don’t have to call for admissible evidence. All the lawyer needs to show is that their questions lead to admissible evidence.
The participants in a deposition may include:
In most cases, a judge will not be present at your deposition. That means that although your lawyer can object to a certain line of questioning or even instruct you not to answer, there is no one to rule on the objection. The court reporter will record the objection for the judge to see in the scenario the case goes to trial.
Depositions take place well before trial, usually in a law office.
Observe the following principles to maximize your chance of a successful deposition.
A good trial lawyer will know exactly how to prepare for a deposition. If your lawyer is tough on you and asks you difficult questions, you have chosen a good lawyer. Your lawyer should ask you trick questions and exploit any inconsistencies in your answers so that you are ready to answer such questions in your deposition. After practicing answering various questions, you should be ready to give a great deposition.
Your lawyer can help you at your deposition by raising objections when appropriate and asking favorable questions. Additionally, the presence of your lawyer can provide you with the moral support you need to testify confidently.
As a deposition witness, you must be sworn in. You could face a perjury charge if you intentionally misstate a substantive matter. Perjury is a criminal offense that can be charged as a felony.
The cross-examining attorney will try to intimidate, anger, or otherwise upset you. They will do this because they are trying to get you to crack under pressure. Don’t fall for their tactics.
Listen carefully to the lawyer’s questions and answer only what they ask. Giving the opposing lawyer more information than they requested could strengthen their case against you.
If you were injured in an accident in Portland, OR, please contact our Portland personal injury lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today.
We proudly serve all throughout Multnomah County in Oregon. Visit our office at:
Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 773-3333
Hours: Open 24/7
