>
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?
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 on
their insurance bad faith cases.
 |
At Cheong, Denove, Rowell
& Bennett
we believe the more you know, the better choice you will make. |
www.CDRB-InsuranceBadFaith.com
<back to top>
The
information you obtain at this site is not, nor is it
intended to be, legal advice. This web site is designed for
general information only. The information presented at this
site should not be construed to be formal legal advice nor
the formation of a lawyer/client relationship.
