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Do I Have to Give a Deposition

Do I have to give a deposition? This is a question you may be asking if you are the innocent victim of an accident that was caused by the carelessness, recklessness or negligence of another party.

After all, you are the innocent victim who was injured in the accident. The accident was not your fault. You are bringing a personal injury lawsuit against the party who was responsible for the accident. Surely, you should not have to go and give a deposition.

A subpoena

However, the simple answer to your question is, “Yes,” You will have to give a deposition. You can refuse to go and give a deposition, but the party responsible for the accident’s attorney will subpoena you, and you will be compelled to give a deposition.

The reason why you have to give a deposition is twofold. First, it is because of what a deposition is. Second, it is due to the purpose of a deposition.

Simply put, a deposition is a question and answer session that is conducted in the office of the opposing attorney who asks you questions about the case. It is an oral statement that you give under oath before you go to trial.

Court reporter

A court reporter uses a stenography machine to record your testimony. Then the court reporter creates a written transcript of your testimony that is used if your lawsuit goes to trial in court.

The opposing attorney is allowed to ask you a wide range of questions, some of which you may think has nothing to do with the personal injury case. You are not permitted to ask questions other than asking for clarification of a question you do not understand, which is asked by the opposing attorney.

It is important for you to understand and remember that you are there to answer questions. You should not and do not have to volunteer any information or give any opinions. You should simply answer the questions as truthfully as you can.

Attorney with you

You are allowed to have your attorney there with you at the deposition. Your attorney can object to any question that the opposing attorney asks you if your attorney thinks that the question is not appropriate. If your attorney advises you not to answer a question, you should not answer that question.

The second reason why you have to give a deposition has to do with the purpose of a deposition. A deposition is a vital and important part of what is known as discovery, which is a formal investigation to get more information about the personal injury lawsuit.

Seeking to know

Discovery is a process in which both sides; you as the plaintiff who is bringing the personal injury lawsuit and the other party as the defendant, are seeking to know what the facts in the case are and to find out what each party knows.

As a part of the discovery process, the purpose of a deposition is to find out what you know about the case. It is also to preserve your testimony.

Giving a deposition is just one of the many reasons why you need the assistance of a personal injury attorney when you bring a personal injury lawsuit.

Article written by James Shugart

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