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Frequently Asked Questions
What is a
Deposition?
Overview
A deposition is
testimony taken before trial under oath and preserved for trial.
Depositions are taken in almost every case. Depositions are taken of
the parties, percipient witnesses and expert witnesses.
Who is Present at a
Deposition?
How is the Deposition
Recorded?
A certified shorthand
reporter takes down in electronic shorthand everything that is said
by the deponent and the attorneys. If, during the deposition, an
attorney wants the reporter to read back a question or answer, the
reporter looks at his or her notes or the computer screen and reads
back the requested information.
Within a couple of
weeks after the completion of the deposition, or sooner if
necessary, the reporter prepares a bound deposition booklet from the
transcribed electronic notes. The deposition booklet is a verbatim
transcript of the deposition.
What is the Purpose of Taking
a Deposition?
A deposition of an
opposing party or witness has many purposes. The following is a list
of some reasons why depositions are taken:
Pin down the party or witness
Eliminate surprises at trial
Discover the defenses of the opposing party
Evaluate the credibility of the deponent
Obtain information from non party witnesses
Preserve testimony of witnesses who may be unavailable at trial
Challenge the testimony of the party or witness
Evaluate the strengths and weaknesses of your case and your
opponent’s case
How is the Deposition Used?
Before trial, the
deposition can be a valuable tool to convince the defendant that its
case is not strong and it should settle the case. Passages from the
deposition can be put into the demand package or mediation brief
that establishes this point. To learn more about these settlement
methods, go to
Is There Any Alternative to Going to Trial?
If the opposing party
files a summary judgment motion, deposition passages can be quoted
in opposition to the motion to demonstrate that the motion should be
denied.
Information may have
been revealed during the deposition that the attorney believes
should be excluded at trial. Passages from a summary of the
deposition transcript an be used in motions in limine to persuade
the judge to exclude the evidence.
At trial a deposition
is most frequently used during cross-examination to impeach the
trial testimony of a witness. To learn more about cross-examination,
go to
What is Cross-Examination? As an example, if at trial, the
witness states that he saw the car enter the intersection when the
traffic light was red, but in the deposition he said he didn’t know
what color the light was, or the light was amber or green, the
attorney can ask the judge for permission to read the contradictory
testimony to the jury. At that time, the judge will often instruct
the jury that "a deposition is testimony of a person taken before
trial. At a deposition, the person is sworn to tell the truth and is
questioned by the attorneys. You must consider the deposition
testimony that was read to you in the same way as you consider
testimony given in court." CACI 208
(CACI are the approved jury
instructions from the Judicial Council of California. Jury
instructions are read to the jury by the judge and establish the law
the jury must follow in deciding the case. A partner of Cheong,
Denove, Rowell & Bennett has been formally recognized as one of the
attorneys who assisted the task force in the preparation of these
jury instructions.)
In light of this
instruction and because impeachment can affect the credibility or
believability of a witness’s testimony, it is important that the
attorney prepare his or her client for the deposition.
Portions of a deposition that have
been read to the jury can be enlarged and displayed to the jury
during closing arguments. For related information about depositions
and other discovery tools and how they are used at trial go to
What Happens Before, During and After a Lawsuit is Filed?
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Cheong, Denove, Rowell & Bennett
has the extensive resources to handle the most
complex legal matters, yet is small enough to offer
individualized service to our client's
personal injury and wrongful death cases as a result of motor
vehicle accidents. At Cheong,
Denove, Rowell & Bennett we believe the more you know, the
better choice you will make.
Contact Us
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information presented at this site should not be construed to be
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