Injury Lawsuits: Depositions

Attorney Solomon Neuhardt II

The deposition is when a defense attorney for an insurance company or for the defendant in your case wants to take a statement under oath and try and find out more details about the case.  The defense attorney may want to find out, factually, what happened in your case, they might want to clarify some of the facts, they also may want to clarify things that are in your medical records that they have questions about or any number of a variety of things related to your case. 

The deposition is not intended to harass you or embarrass you.  It’s just intended to find out more information about your case.

The deposition is done under oath, which means that you are required to tell the truth, and if you don't, anything you say could be used against you as a contempt charge.  

Furthermore, the deposition is informal in the sense that it’s done in a conference room, either my office or at the defense attorney's office.  And there's a court reporter there.  I would be at the deposition sitting next to you and potentially object to any questions that the defense attorney asks.  If I believe that the defense attorney is asking questions that are intended to embarrass or harass you, then I would object to those questions.  

But the attorney has the right to ask pretty much any question that they want to ask, although whatever evidence that they obtain may not necessarily be used at a trial, if it’s evidence that the judge determines wouldn't be admissible.  So even if you tell the truth and talk about a DUI that you have in your history that the attorney asks about, this may not be admissible at trial if the judge determines that it’s not relevant.  

There is a CD that I give to clients regarding depositions that is intended to help them with the deposition, and this CD talks about how that, when you arrive for the deposition, that you should be dressed as if you were going to church or a place of worship, that you only answer the question that is asked.  If you don't know the answer to the question, then you simply tell the attorney that you don't know the answer to the question.  If you don't remember the answer to the question, then you just tell them that you don't remember.  And it’s imperative that you tell the truth regardless of what the answer is to the question.

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