Why Are Depositions Important?

A deposition is an important part of the litigation process. It is part of the pre-trial discovery process where the oral testimony of a party is taken under oath before trial to gather information. This process provides an opportunity for both sides to gather information and ask questions under oath, outside of the courtroom.  

One purpose of a deposition is to preserve the testimony of a witness who may have relevant information for the case, but who may not be available to testify at trial. This information can then be used by either party to help prepare for trial or to settle the case. 

Depositions are most often used in personal injury cases to allow the plaintiff’s attorney to question the defendant about the facts of the case and the defendant’s version of events. The depositions can also be used to settle the case out of court by showing the defendant what evidence the plaintiff has and what damages the plaintiff is seeking. 

This can be beneficial for several reasons. First, it allows attorneys to get a sense of what the witness will be like on the stand. Second, it allows attorneys to ask follow-up questions based on the answers given during the deposition. Finally, it may help to encourage a settlement before trial, as both sides will have a better understanding of the strengths and weaknesses of their case. 

In some cases, the deposition may be used at trial if the witness is not available to testify in person. Depositions are an important tool for gathering information in a personal injury case and can be used to settle the case or prepare for trial.

The rules governing depositions are set forth in the Federal Rules of Civil Procedure and vary from state to state.  Interested in learning more about the process of your personal injury case? Contact Wyly Cook Injury & Insurance Lawyers for a free consultation.