Having his company sued by a customer was stressful enough. But then Stephen received a notice that told him to appear for a deposition at a particular place and time. He’d never attended a deposition before and had no idea what happens when you attend one. Stephen didn’t have to wonder about it long, in any case. Fortunately, his business attorney was able to explain everything to him.
First, What Is a Deposition?
A deposition can occur in several situations. However, we will just be looking at how depositions are handled in commercial or business litigation.
Attorneys typically schedule depositions during the discovery stage of a lawsuit. Discovery is the time when all parties to the lawsuit exchange documents, direct questions to other parties, and answer questions posed to them. Usually, the attorneys choose a mutually convenient date and time. Then the attorney who wants the deposition sends a notice of deposition to the person being questioned (the “deponent”).
By definition, a deposition “is a witness’s sworn out-of-court testimony.” The testimony offered by the deponent during a deposition might be used to develop case strategies and may even be useful at trial. Many depositions take place in person. However, it is possible to conduct a deposition by presenting a set of written questions that must be answered in writing and returned.
What Can a Witness Expect to Happen in a Deposition?
Lawyers often hold depositions in their offices. Sometimes they are held at other locations, including the workplace of the deponent.
Upon arrival, you will notice that other lawyers are present. In some cases, the parties in the litigation are permitted to attend also. Other staff members might be in the room, but the court reporter is the most important person you’ll see. He or she might use recordings to create a transcript of your deposition or take down your testimony using special equipment.
You will be sworn in, usually by the court reporter. In other words, you will swear to truthfully answer the questions presented to you.
By the way, your attorney will be there to represent your interest. At times during the deposition, your lawyer might object to a question that another lawyer has asked you. Make sure you follow your attorney’s instructions when this happens. Generally, you will be told not to answer the question until your attorney has finished the objection and possibly discussed its resolution with the other attorneys.
A deposition can often become an emotional event. You might be asked questions that are upsetting or difficult to answer. Here, again, your attorney’s presence and future prep work with you becomes invaluable.
Your deposition subpoena might have required you to bring documents to a deposition. If so, your attorney will have helped you with this, either by objecting to the request or by reviewing your documents to make sure they are appropriate.
A Business Litigation Lawyer Can Help Prepare You for Your Deposition
In fact, your business lawyer or corporate counsel will review the deposition request carefully. Then, attorneys typically walk their clients through any potential questions. They also provide important instructions on how to act during a deposition.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website.
We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.