Taking a Deposition

Barrister Amna (Alevels Academy Islamabad)

8/30/2024

A Levels Academy Islamabad

Transcript

00:00Going into court to argue your own case means lawyering yourself up a little,

00:05which, without law school under your belt, might seem like a difficult thing.

00:09However, it doesn't mean you can't be a competent litigant.

00:13Something you may need to do as an independent litigant in a case is handle depositions.

00:18A deposition is when a witness's testimony is recorded under oath by a court reporter before the trial.

00:25It is one of the most common tools for discovery,

00:28along with requests for production, requests for admission, and interrogatories.

00:33Depositions usually take place away from the courtroom,

00:36generally either in a law office or the court reporter's office.

00:40A deposition tells you what the witness, also called the deponent, knows.

00:45It also preserves what they say for trial.

00:48Now, a deposition doesn't only involve testimony favorable for your side.

00:52It may also deal with testimony favoring your opponent.

00:55This is okay, because if a witness's testimony damages your case,

00:59you want to know about it beforehand so you can prepare for it as much as possible.

01:04The last thing you want is to be surprised in court.

01:07When you take a deposition, you'll want to make sure your questioning is as thorough as possible.

01:12You may not get another chance to talk to this witness before trial,

01:16so be sure to prepare your questions before the deposition

01:20and make sure you've outlined all the areas you want to cover.

01:23What information do I want from this witness?

01:26Do I need any events described by this witness?

01:29Will this witness help identify documents or other witnesses that might have evidence for my case?

01:34To begin your deposition, make sure the court reporter swears in the witness

01:38and that the witness states their full name.

01:41Once you get started, unless the witness needs to clarify what you are asking,

01:45the witness does not ask any questions during the deposition, only answers them.

01:49The witness or the witness's attorney may, however, object to the question,

01:54but generally, such objections are just for the record so that the judge can rule upon them at trial.

01:59Unless the question seeks privileged information, the witness must answer your question anyway.

02:04Take your time and make sure you get through all your questions.

02:08But don't be a slave to your list of questions.

02:11Listen to the answers and be ready to ask different questions depending on what the witness says.

02:16While you should be thorough, you can't harass the witness

02:19by asking a lot of questions that aren't related to your case.

02:22If you're just trying to harass the witness, the witness can terminate the deposition

02:26and ask the court to focus your questioning and maybe even ask the court to punish you.

02:31Remember that the court reporter is recording every word for word,

02:35both questions and answers, and any discussions or remarks,

02:39so it's best to remain calm and professional throughout the deposition, no matter what happens.

02:45Sometimes, a witness's deposition can be videotaped.

02:48The advantage of this is that you can play the video for the jury.

02:52They can see the facial expressions and pauses, which help them decide whether to believe the witness.

02:57At the end of the deposition, if you got answers that you might want to use at a hearing or trial,

03:02you need to order and pay for a transcript from the court reporter.

03:06The court reporter will type up what was said into a booklet or electronic file.

03:11The witness has the right to read that transcript to make sure they didn't misunderstand a question

03:15and to confirm that the court reporter captured everything correctly.

03:19After confirming that everything is accurate, the witness signs the transcript.

03:23Depositions can be a fast way to get valuable information to win your case.

03:27You just need a little preparation, and maybe, sometimes, a little help from LegalYou.

03:32You can do this.

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