How to Give a Deposition in Your Injury Case | Front Range Injury Attorneys
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Understanding the Deposition Process
Navigating through a deposition begins with understanding the process and your role in it. Typically, the deposition date is agreed upon through legal channels or specified in a subpoena. On the designated day, you'll find yourself seated at a table, facing a court reporter or stenographer, alongside attorneys representing both parties involved.
When giving a deposition, clarity and precision are paramount. Answering questions under oath demands attention to detail and composure. It's imperative to respond only to the questions posed, refraining from unnecessary elaboration. Additionally, avoid inadvertently admitting fault or liability during your testimony.
Can I refuse to answer questions in a deposition?
While you cannot outright refuse to participate in a deposition, you retain the right to object to or refuse specific questions. Under the judicial rules of procedure, parties have a legal right to question witnesses under oath and use depositions as evidence at trial. Your attorney can object to questions and may instruct you not to answer for narrow reasons. These include questions asking about privileged information or questions that require you to subject yourself to criminal liability. If you refuse to answer questions, the attorney asking questions may contact the judge to obtain a ruling. If the judge orders you to answer the question, you generally must answer.
Can I bring notes to my deposition?
Depositions can present various challenges, from memory lapses to unfamiliar questioning styles. While you cannot bring notes to aid your testimony, it's acceptable to admit when you don't recall certain details. Maintaining composure and seeking clarification when needed are key strategies for overcoming challenges during deposition. Your attorney will help you prepare to be deposed; however, that preparation is only to ready your memory to give answers.
are both parties present?
Yes, all parties to a deposition have the right to attend a deposition. In most cases, the opposing party will not be there personally but their attorney will be present. If there are more than two parties in the lawsuit, all of them can appear and each party or their attorney has the right to ask questions. The only party in the lawsuit that must be present is the party compelled to appear for questioning. Generally all parties will appear through their attorneys.
Can you plead the 5th in your deposition?
Yes, you can plead the fifth in response to a deposition question if your testimony would reveal information that exposes you to criminal liability. The Fifth Amendment protects you from self-incrimination, even in a civil lawsuit. You can assert your rights even if a criminal case is not pending or you've been told the police do not intend to charge or arrest you. The possibility of criminal charges must be more than speculative, however. If you plead the fifth, the deposing lawyer will likely call the judge for a ruling.
If you sustained injuries in an accident in Colorado, contact the personal injury lawyers at Front Range Injury Attorneys today to schedule your free consultation. Our experienced legal team are knowledgeable and zealous advocates for our clients and their cases. We treat our clients as people, not case files. Learn more about how we can help you pursue compensation for your injuries and damages. Contact our Denver law firm to learn more.
