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Blog Plaintiffs' Depositions

Plaintiffs' Depositions and Their Role in Legal Proceedings

Navigating a lawsuit can be daunting, especially when facing a deposition. Understanding this crucial pre-trial process is essential for effective preparation and strong representation. Join us as we explore the role of depositions in legal proceedings and offer insights to boost your confidence and knowledge.

What is a Deposition?

When you file a lawsuit, the defendant has the right to take your deposition. You are the Plaintiff and the Defendant is the party that is being sued in the lawsuit. The Defendant can be a company such as the manufacturer of a product or medication.  That Defendant is represented by a lawyer.  A plaintiff's deposition is a process where the defendant's lawyer asks questions to the plaintiff.  The plaintiff will have to take an oath at the beginning of the deposition as his/her answers are sworn statements. This deposition is a crucial part of the litigation process and is often considered the most important part.

Cast of Characters

Examiner

The defense attorney who will ask questions to the person being deposed.

Deponent

The person answering the examiner's questions, which could be the plaintiff or another party to the case providing sworn testimony.

Deponent's Counsel

This is us! As the plaintiff’s attorney, we will be present at our client's deposition and work closely with our clients to prepare them beforehand.

Court Reporter

A neutral, third-party person transcribing everything said in the deposition for the written record.

Videographer

A legal videographer who records the deposition using video and audio equipment to create an accurate visual record of the proceedings.

Interpreter

If necessary, an interpreter will be present to translate communication between languages.

What Kinds of Questions Will Be Asked?

The types of questions may include:

  • Background questions
  • Questions about the accident
  • Questions about the injuries

Importance of Depositions

As trial attorneys, we treat every deposition with the utmost care. Depositions are a critical part of pre-trial litigation because the information obtained and recorded during depositions allows us to determine facts, gather information, and establish sworn testimony. This information is then used to develop the best legal strategy for winning a trial or negotiating a pre-trial settlement.

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