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Taking a Deposition
Barrister Amna (Alevels Academy Islamabad)
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8/30/2024
A Levels Academy Islamabad
Category
📚
Learning
Transcript
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00:00
Going into court to argue your own case means lawyering yourself up a little,
00:05
which, without law school under your belt, might seem like a difficult thing.
00:09
However, it doesn't mean you can't be a competent litigant.
00:13
Something you may need to do as an independent litigant in a case is handle depositions.
00:18
A deposition is when a witness's testimony is recorded under oath by a court reporter before the trial.
00:25
It is one of the most common tools for discovery,
00:28
along with requests for production, requests for admission, and interrogatories.
00:33
Depositions usually take place away from the courtroom,
00:36
generally either in a law office or the court reporter's office.
00:40
A deposition tells you what the witness, also called the deponent, knows.
00:45
It also preserves what they say for trial.
00:48
Now, a deposition doesn't only involve testimony favorable for your side.
00:52
It may also deal with testimony favoring your opponent.
00:55
This is okay, because if a witness's testimony damages your case,
00:59
you want to know about it beforehand so you can prepare for it as much as possible.
01:04
The last thing you want is to be surprised in court.
01:07
When you take a deposition, you'll want to make sure your questioning is as thorough as possible.
01:12
You may not get another chance to talk to this witness before trial,
01:16
so be sure to prepare your questions before the deposition
01:20
and make sure you've outlined all the areas you want to cover.
01:23
What information do I want from this witness?
01:26
Do I need any events described by this witness?
01:29
Will this witness help identify documents or other witnesses that might have evidence for my case?
01:34
To begin your deposition, make sure the court reporter swears in the witness
01:38
and that the witness states their full name.
01:41
Once you get started, unless the witness needs to clarify what you are asking,
01:45
the witness does not ask any questions during the deposition, only answers them.
01:49
The witness or the witness's attorney may, however, object to the question,
01:54
but generally, such objections are just for the record so that the judge can rule upon them at trial.
01:59
Unless the question seeks privileged information, the witness must answer your question anyway.
02:04
Take your time and make sure you get through all your questions.
02:08
But don't be a slave to your list of questions.
02:11
Listen to the answers and be ready to ask different questions depending on what the witness says.
02:16
While you should be thorough, you can't harass the witness
02:19
by asking a lot of questions that aren't related to your case.
02:22
If you're just trying to harass the witness, the witness can terminate the deposition
02:26
and ask the court to focus your questioning and maybe even ask the court to punish you.
02:31
Remember that the court reporter is recording every word for word,
02:35
both questions and answers, and any discussions or remarks,
02:39
so it's best to remain calm and professional throughout the deposition, no matter what happens.
02:45
Sometimes, a witness's deposition can be videotaped.
02:48
The advantage of this is that you can play the video for the jury.
02:52
They can see the facial expressions and pauses, which help them decide whether to believe the witness.
02:57
At the end of the deposition, if you got answers that you might want to use at a hearing or trial,
03:02
you need to order and pay for a transcript from the court reporter.
03:06
The court reporter will type up what was said into a booklet or electronic file.
03:11
The witness has the right to read that transcript to make sure they didn't misunderstand a question
03:15
and to confirm that the court reporter captured everything correctly.
03:19
After confirming that everything is accurate, the witness signs the transcript.
03:23
Depositions can be a fast way to get valuable information to win your case.
03:27
You just need a little preparation, and maybe, sometimes, a little help from LegalYou.
03:32
You can do this.
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