What is a Deposition, and Who Can Be Deposed?
What is a Deposition?
Simply put, a deposition is a formal interview in which a person answers questions under oath, outside of a courtroom. Depositions are a discovery device, used by attorneys to gather information and determine what someone knows about a case. They are useful because they allow attorneys to evaluate the credibility of witnesses, understand the facts of a case, and prepare so that they won’t be surprised during the trial. During a deposition, attorneys from both sides of a case ask questions, and the process is recorded, typically by a court reporter. The deposition is important, but who else is involved?
Who Can Be Deposed in a Lawsuit?
During the discovery phase, any party with information pertinent to the case can be deposed. Parties can be people or organizations, and they include:
- People directly involved in the case: This is typically the plaintiff and defendant, and they are considered “parties to the case.” If one of these parties is an organization, the person from that organization with the most knowledge of the case will be asked to attend the deposition.
- Witnesses: Anyone with knowledge of the events or issues in the case may be deposed, even if they are not directly involved in the case. For example, when a civil suit is brought against someone who was involved in an automobile accident, an eyewitness to the accident may be deposed.
- Experts: Sometimes, doctors, accountants, engineers, and other professionals have knowledge that is relevant to the case. They may be deposed to determine whether their opinions will be needed at trial.
What to Expect When Being Deposed
If you receive a subpoena for a deposition, you may be nervous about what you are going to say, but there is no need. The attorney who represents the party involved in the case will meet with you and help you prepare. If you are not directly involved in the case, but are called as a witness or in some other capacity, be aware that this attorney is not your attorney, and attorney-client privilege does not apply. If you are asked about your meeting with that attorney, you will be required to answer the questions. To prepare for the case, you will probably need to review documents or photographs, understand the arguments being made, and refresh your memories about the facts. At the deposition, you will be under oath, and what you say may be used later at trial. Be careful when you answer questions, always answer truthfully, and do not answer questions you do not understand fully.
Do I Need a Lawyer for a Deposition?
If you are the plaintiff or defendant in a deposition, you will need an attorney. If you have been called as a witness, you are not required to have an attorney, but it is a good idea. Having an attorney protects your rights, and this is important any time you are testifying under oath.
Can You Refuse Deposition?
When you are sent a subpoena, you must take it seriously. A subpoena has information about when and where the deposition will be held, but it is not just a notification. It is a court order and ignoring it can have serious consequences. You may be held in contempt of court, be fined a large amount of money, or even sent to jail. If you receive a subpoena and have questions, ask an attorney what to do.
Trust Talty Court Reporters with Your Deposition
If you are an attorney who needs to hire a court reporter for your deposition, choose a firm with experience and a stellar reputation. Founded in 1964 by William Talty, Talty Court Reporters has built a legacy of excellence in San Jose. Since 2002, the business has been owned by Josie Amant, who joined in 1976 and kept the name as a way to honor and uphold Talty’s longstanding reputation for integrity, friendliness, and commitment to quality. The largest and most experienced independently owned and operated agency in Silicon Valley, we maintain the small-town friendliness that is Talty’s hallmark, while also providing 21st century service. Over the decades we have been in business, we have maintained strong relationships with the law firms that work with us, and our team of seasoned reporters has expanded beyond California, providing litigation services to major metropolitan areas across the nation. To learn more about the services Talty Court Reporters has to offer, contact us today.