A deposition is a disclosure device that can be done orally or upon written questions. Like all discovery devices, it is intended to be very broad to the extent that "there shall be full disclosure of all matters material and necessary in the prosecution and defense of an action ..." There are many reasons individuals are get deposed. Some are non-controversial and others are controversial; such as:
- Each side gets to see and hear the other witness.
- It helps the attorney gain some sense as to how that witness will come across at the time of trial.
- Each side gets a change to learn things they don't know and confirm things they believe to be true. This helps limit or control what will be needed for further or additional investigation.
- Legal professionals get to look at injuries which are alleged.
- Each side's version of the event in question is detailed.
- It aids in determining whether a summary judgment motion can be considered or ruled out.
Oral depositions are unique compared to all other discovery devices mainly due to the fact that they are live events. All other discovery devices produce a result which is for the most part attorney authored and choreographed. The following is general advice which we provide to our clients as they prepare for their discovery deposition.
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