What to Expect During a Deposition in an Ohio Personal Injury Lawsuit
A deposition is a Q&A session that is part of the pretrial discovery evidence-gathering process. Discovery only takes place after you file a lawsuit. Depositions can generate powerful evidence that often results in the settlement of a personal injury case. In a lawsuit, both sides have the right to depose witnesses.
Purpose
Depositions serve many purposes, including:
- Recording the sworn testimony of witnesses who either side intends to call at trial. The opposing party can use this testimony in place of trial testimony if the witness does not show up for trial, or to discredit a witness who contradicts their deposition testimony at trial.
- Evaluating the credibility of witnesses. In this sense, a deposition is like a dress rehearsal for a trial. Sometimes this is the only way you can know the persuasiveness of a witness. A deposition is a good way to see how your witnesses will stand up during cross-examination.
- Uncovering the facts of the case. The attorney can ask the witness detailed questions that the attorney can follow up on.
- Promoting settlement. The more new evidence comes to light, the easier settlement will become (most of the time).
Depositions are a critical part of pretrial preparation that shapes the outcome of litigation.
Scope of questioning
At trial, an attorney can only ask questions that call for an answer that is admissible under the Ohio Rules of Evidence. The rules for questioning at a deposition are far more liberal. At a deposition, the attorney can ask any question that is calculated to lead to admissible evidence.
Location
The deposition will probably take place in the conference room or remotely.
Parties
The following parties will be present at the deposition, at a minimum:
- A court reporter, to create a transcript of the proceedings. The transcript will consist of all questions, answers, and objections.
- Possibly a videographer to videotape testimony.
- The witness or party being deposed.
- Personal injury lawyers for every witness, as well as lawyers for the plaintiff and defendant.
Oath
You will be sworn in the deposition. That means that you could face criminal liability for any significant, intentional misrepresentation.
Tips on how to handle yourself at a deposition
Observe the following tips while on the witness stand. Have your lawyer drill you mercilessly in advance until you know you can maintain your composure under high-pressure cross-examination.
Tell the truth, the whole truth, and nothing but the truth
Nothing will get you in trouble faster than lying on the witness stand. Tell the truth even if it hurts your case. Lawyers are experts at bringing untruths to the surface and catching you in subtle contradictions. Don’t risk it.
Know your case backwards and forwards
It’s easy to get tripped up if your grasp on the subject matter is shaky. You should prepare so thoroughly that you don’t have to rely on notes.
Answer only the question asked
Make sure you understand exactly what a lawyer is asking you. Don’t be afraid to seek clarification if you need to. Don’t answer more than the attorney asks. Doing so is like giving the other side a free gift of information.
Stay cool
It is impossible to overemphasize the importance of this one. The opposing lawyer will try to rattle you, make you angry, make you nervous, and trip you up that way. We all say things we don’t mean when we’re angry. Saying things you don’t mean when you’re under oath, however, can lead to devastating consequences.
Avoid speculation
We often speculate during general conversation: “I bet he’s running late because of traffic.” Under oath, however, speculating could be interpreted as misrepresentation. Talk about what you know to be true, not what you think might be true. “I don’t know” is a perfectly acceptable answer to a question from the examining attorney, as long as it’s true.
Pause between question and answer
The examining lawyer will try to rush you but don’t take the bait. You might be shocked at how much the quality and accuracy of your answers improve if you take even a 10-second pause before you answer a question.
Do not guess
This is also critically important. Guessing, like speculating, is something we all do during everyday conversation. Don’t guess. Remember that “I don’t know” is a perfectly acceptable answer.
Make a good visual impression
Dress well, sit up straight, and present a confident demeanor. You want the other side to see that you would be a confident witness on the stand.
Contact a Columbus personal injury lawyer for a free initial consultation
Soroka & Associates are Columbus, Ohio personal injury lawyers who have earned their stellar reputation through their successful representation of a multitude of clients. We offer free initial consultations. We won’t charge you a dime up front, and you won’t owe us any legal fees unless we win your case. Contact us at your earliest convenience to set up an appointment.