Your lawyer will tell you that you may have to give a deposition if you are ever involved in a personal injury civil lawsuit. You’ll be told that a deposition is essentially a question-and-answer session that is a standard process in the discovery period that takes place before the trial does.
The objective of a deposition is to give both parties an opportunity to gather as much information about the case as possible. The parties and their lawyers can then examine the evidence and think about how the other party may use this (evidence) to his or her advantage. The deposition process is important.
What is a deposition?
When you attend a deposition, you’ll be asked to give sworn testimony about what occurred during a particular personal injury accident. You’ll be put under oath when doing this. A court recorder generally makes a record of the event. Expect to be questioned by the defendant’s lawyer. You may be able to use the information in the deposition as evidence in court.
Getting a witness to attend a deposition
You can generally ask any person who has knowledge about what transpired during the personal injury accident to participate in a deposition. Just remember that because depositions can be stressful, the reasons why some people participate may not always be altruistic. However, you can subpoena a person to attend a deposition.
You generally have to hire a process server to serve the subpoena to the intended person. The subpoena orders a person to appear at a specific place and during a specific time to give sworn testimony. The subpoena must contain certain information like specific text, the name of the court, the title of the action, and the commanding event.The person who is being served the subpoena may file a motion with the courts to modify its terms.
Why are you better off with deposition in a personal injury case?
There are several reasons why you would want to have a deposition in a personal injury case. Some of these are:
● To gather important facts regarding the case
● To gather information about the merits, strengths, and weaknesses of the parties’ arguments
● To figure out how effective a person will be when testifying
● To determine how and when the personal injury accident and resulting injuries occurred.
Deposition Process
If you want to give a deposition, you must notify all concerned parties in advance. This notification must follow all court rules too. You can have a deposition in almost any location that you want to.Expect to be cross-examined by the other party’s personal injury lawyer in London if you do participate in a deposition.
There is a strategy to use in a deposition. You will have to obtain evidence and information that proves that the defendant breached his or her duty of care towards you if you want to formulate a good strategy in a deposition.It’s not as easy as it looks to do a deposition right. That’s why you need to hire a good personal injury lawyer.