Legal Deposition FAQs in San Jose, CA
Legal depositions are the building blocks of a legal case. They occur prior to trial in order for both sides to create a complete picture of the events in question and understand how best to present the case. In some situations, an important deposition can be powerful enough to convince the other party to settle or drop charges before taking the case to a judge or jury where they cannot control the outcome. A deposition recorded on video—not just on paper—enhances the narrative and provides contextual clues to strengthen a legal claim. Here a few common questions about depositions and our services for attorneys nationwide.
What is a legal deposition?
For non-attorneys who are new to the legal process or have been asked to give a court deposition in a case, a legal deposition is an interview on the record to discuss eyewitness accounts, evidence, or areas of special expertise that relate to the case (areas of medicine, building construction, etc.). By scheduling and holding depositions before a trial, they serve to eliminate any surprises during the trial itself, understand the credibility or question parts of the testimony of a witness, obtain specialized information from a non-party industry expert, and evaluate the strengths and weaknesses of the opposing counsel’s case in order to prepare more effectively.
How to prepare for a deposition?
If you’ve been asked to give a deposition as a witness, party named in the lawsuit, or as an outside expert, the more prepared and calm you are during the proceedings, the more clear and credible your statement will be on video. Feel free to write down anything relevant beforehand to organize your thoughts. Keep your answers short and focused only on the question asked—there’s no need to explain a tangent or offer lots of additional information. Remember that it’s acceptable to ask for water, request the attorney to repeat a question, or ask for a short break to use the bathroom or stretch your legs if the deposition runs for a long time.
Can all depositions be recorded on video?
Yes, any deposition can be recorded with audio and/or video in additional to traditional typed transcription services. Both parties (plaintiff and defense) in a lawsuit have the right to conduct a deposition with a video recording, so the expert or witness being deposed needs to submit to this requirement. Filmed depositions provide excellent facial context, so we always recommend them as the best way to preserve all evidence. Visit the Legal Video Services page to learn more about the benefits of a video deposition.
How can I legally and accurately collect a deposition from someone in another city or state?
Talty Court Reporters makes sharing and reviewing documents as well as taking depositions easy from anywhere in the country with Remote Deposition Services. Take a look at the Technology in Depositions page to read more about the methods for video and live recordings we offer nationwide, and Contact Us today to schedule a deposition.
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