31
May

What Happens at a Deposition?

Receiving notice in the mail that a party in a lawsuit wants you to attend a deposition can often be intimidating if the person has never experienced a deposition before. Naturally the person who receives the notice questions whether they are legally obligated to attend the deposition, who is requesting their presence, and most importantly, what will happen during the deposition. Simply put, a deposition is a formal procedure where the one being deposed (Deponent) will sit in a room and answer questions the attorney has prepared for you. This in no way means that a deposition should be taken lightly. Depositions can often be the most important factor between winning and losing a case.

Do I have to show up for the deposition?

It depends. There are certain rules that the attorney who is looking to conduct the deposition must follow. For instance, although it varies from jurisdiction to jurisdiction, typically the deposition must occur within a certain distance from the deponent’s residence. If you received a subpoena, the court is ordering you to appear for the deposition. If you do not appear, the court may find you in contempt.

 Do I have to tell the truth?

 Yes. Before the deposition begins, the deponent is placed under oath.

What if I do not know the answer to the question?

If you do not know the answer to a question, it is okay to say so. The point of the deposition is for the person conducting the deposition to gather facts based on the deponent’s deposition. If the deponent truly does not know the answer to the question, he or she cannot help in that matter.

Who is going to be at the deposition?

There will definitely be a court reporter, the attorney conducting the deposition, and the deponent. Often the client of the attorney conducting the deposition, another party in the lawsuit, and the attorney for the deponent.

How long does the deposition last?

It depends on the jurisdiction. According to Rule 57 of Arizona Rules of Civil Procedure, the length of the deposition must be reasonable and not exceed four hours. Parties can stipulate to extend past 4 hours and if the one conducting the deposition shows good cause, a court can grant more time. If in federal court, the deposition is limited to one day and cannot extend seven hours.

Will my statements be recorded?

Yes. There will be a court reporter present who will record every word not only the deponent says, but also everyone present.

How do I know the court reporter recorded my statements accurately?

Shortly after the deposition, the court reporter will send a transcript of the deposition the deponent (or the deponent’s attorney) and the deponent will have the opportunity to review it for accuracy.

What will my statements be used for?

Statements made at a deposition can be used by any party for a number of reasons. For instance, the defendant may use the statements in support of a motion for summary judgement or to flush out a lie at trial. On the flip-side, your deposition transcript may not be used at all. It depends on the case.

If you have further questions about depositions, do not hesitate to contact my office.