Your attorney will tell you what he or she wants from you if you are deposed, but there are two general things to remember. Although all attorneys have their own strategies for depositions, there are basically three reasons to do them: to lock people into their stories, to see what the other side has, and to do a "practice trial," that is, to see how a witness will appear and conduct themselves before a judge or jury. Depositions can range in length from an hour to a week or more. DepositionsÄepositions are sworn statements wherein a person will answer questions from an attorney and a court reporter will make a transcript of all that is said. Parties to litigation may hire experts to assist with this process. In cases where enough is at stake to justify it, courts have even allowed litigants to reconstruct deleted files (like email), although that practice has not yet become common. Increasingly, courts are allowing access to computer files as part of electronic document discovery. Particularly in more complex medical malpractice or product defect cases, the documents involved can be voluminous. Any party has a right to see most documents that even arguably relate to a case. Document ProductionÄocument production is fairly self-explanatory. They ask a party to admit or deny certain facts pertaining to the case, and they carry with them penalties for not answering, for answering falsely, or even answering late. Similarly, requests for admission can be a very powerful discovery tool. If the questions asked are not fair questions or are difficult to understand, your attorney will help you decide what you should object to. "What happened on April 26, 2022?") to the specific ("Is it your position that the defendant was wearing sunglasses at 2:30 p.m. They can be pre-printed "form" interrogatories (also known as judicial council forms), or specific questions asked just for your case called "special" interrogatories. Interrogatories are questions requiring your version of the facts and of your claims. Written Discovery: Interrogatories and Requests for Admission See FindLaw's Stages of a Personal Injury Case section for related articles and resources. That disclosure is accomplished through a methodical process called " discovery." Discovery takes three basic forms: written discovery, document production, and depositions. Since the late 1940s, the federal court system has required disclosure of all relevant facts and documents to the other side prior to trial, and virtually every state has followed its lead. A hallmark of the American legal system is the principle that there should be as few surprises as possible in the course of a lawsuit.
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