If an injured claimant has filed a lawsuit, a discovery process must precede the scheduling of any trial. One or more depositions could take place during discovery. A deposition serves as one means for exchange of evidence. Each party’s injury lawyer in Guelph has a chance to study the possible existence of additional evidence, by questioning various witnesses.
The deposition’s essential features
The deposition’s time and location have been established before the questioning begins. A court reporter records all of the questions and answers; however, none of the answers can be shared with the jury or others in the courtroom, during the trial.
Who could be deposed?
Anyone that had knowledge of facts that related to the lawsuit.
How do the lawyers that ask the questions benefit from the their participation in the process that is known as a deposition?
Statements from the witnesses could bring new facts to light. Then, the strengths and weaknesses of each side’s arguments become clearer. The process helps to demonstrate the credibility of the witnesses. The lawyers learn more details about the accident that gave rise to the lawsuit. Later, statements made during discovery can be compared with comments made during the trial. An attorney would check for any inconsistencies.
What rules govern the proceedings that take place during a deposition?
Either side has the right to subpoena witnesses. Still, a witness would not have to honor the subpoena, if he/she did not have time to respond, of if he/she had been asked to travel an unreasonable distance.
Each lawyer has a right to object to any of the other lawyer’s questions, but there is no judge present, so no one can rule on the objection. Due to the absence of a judge, the objection is simply noted by the court reporter. There are also some unwritten rules that an attorney might share with his/her client, if that same client could be deposed.
—Do not create a barrier between you and the questioner.
—Do not cross your arms over your chest; do not cross your legs in any way.
—When looking at the questioner, focus on the region between the nose and the chin; do not stare into the questioner’s eyes.
—Do not be in a hurry to answer the questions; take your time about providing an answer.
—A witness cannot be penalized for stating that he/she does not know the answer, or cannot recall a specific fact.
—Be honest; never make up an answer.
—Avoid making any movements that could show that you feel nervous or unsure about your answers.
—Avoid demonstration of repeated hand movements, since those could also act to broadcast nervousness on your part.
