Depositions

Posted Tuesday, November 3, 2015 by Chris Thayer

A Tupelo Personal Injury Lawyer on the Importance of Depositions

A deposition is an important discovery tool that is employed in most personal injury cases. Often, what transpires during the depositions in the case is instrumental in determining whether a quick settlement can be reached, if a trial is necessary and ultimately the value of the case.

General Considerations

As uncomfortable as you may be in testifying at a deposition, it is not voluntary; it is required by law. If the attorney for the other side deems your deposition is necessary, you have no choice. You can be compelled to attend a deposition by subpoena if you do not voluntarily do so. The deposition most typically occurs in the office of one of the lawyers involved, is recorded by a court reporter and a transcript is created that you will be able to review.

A Deposition as an Opportunity

Although not identical to trial testimony, a deposition is good practice for learning how lawyers ask questions. Additionally, opposing counsel will be paying close attention to your performance; if you appear to make a good impression as a strong witness, this can be very advantageous in achieving a positive settlement.

The Dangers

The fact that you provide your testimony under oath means that any testimony you subsequently may make at trial must be substantially the same as your deposition; otherwise, you face the risk of perjury charges. At the very least, any discrepancy will make you appear quite unreliable and untrustworthy as a witness, which will severely damage your case.

Contact a Tupelo Personal Injury Attorney for Legal Advice