The legal deposition process, integral to the discovery phase in litigation, allows parties to gather sworn testimony from witnesses outside the courtroom. Though attorneys and legal professionals might be familiar with this procedure, many laypersons — and even some new lawyers — may be unaware of its intricacies and nuances. Here are seven lesser-known facts about the legal deposition process.
- Depositions aren't limited to parties involved in the case. While many believe that only parties directly involved in a lawsuit undergo deposition, this isn't the case. Almost anyone with pertinent information regarding the case can be deposed. This includes bystanders who witnessed an event, experts who can provide specialized knowledge or individuals who can attest to character or events. Hence, a deposition can be a valuable tool to gather a comprehensive range of insights about a case.
- There's no judge in a deposition. Unlike the courtroom dramas often depicted on television, depositions are typically much less formal and don't involve a judge or a jury. Instead, they often take place in attorney's offices or conference rooms, with a court reporter present to transcribe the proceedings. While no judge is present, the testimony is still under oath, making it legally binding. Any misleading statements or lies can lead to perjury charges.
- Depositions can last for several days. While many depositions conclude within a day, complex cases with significant amounts of information to cover can see depositions extend over multiple days. Particularly in high-stakes or intricate lawsuits, such as those involving corporate entities or multiple parties, it's not uncommon for witnesses to be deposed multiple times.
- Body language can be as important as spoken words. In a deposition, every detail is scrutinized, including non-verbal cues. Some attorneys may employ videographers to record depositions, capturing facial expressions, gestures, and body language. This can be especially crucial if the deposition is shown to a jury during trial, as they might be influenced as much by a witness's demeanor as by their words.
- There are strategic pauses and breaks. Attorneys use a range of strategies during depositions to elicit the information they need. One such tactic is the intentional pause: after a witness has answered a question, an attorney might remain silent, prompting the deponent to fill the silence with additional information. On the flip side, if an attorney feels a witness is becoming fatigued or stressed, they might suggest a break to maintain the quality of the testimony.
- Attorneys can instruct witnesses not to answer. This might sound counterintuitive since the whole point of a deposition is to gather information. However, there are scenarios where an attorney might instruct their client or witness not to answer a question, especially if it infringes on privileged information or if the question is deemed inappropriate or irrelevant to the case. While this doesn't happen frequently, it's an essential protective measure in the deposition process.
- Depositions can lead to settlements. Depositions can be pivotal in the trajectory of a lawsuit. The information gathered can significantly strengthen or weaken a party's case. Often, what transpires during a deposition can prompt parties to reconsider their positions and opt for an out-of-court settlement instead of proceeding to trial. This is especially true if damaging testimony is obtained or if the strengths and weaknesses of a case become clearer post-deposition.
Conclusion
The legal deposition process, while procedural, is brimming with strategies, nuances, and surprises. It's a fundamental aspect of the U.S. legal system, ensuring that parties have ample opportunity to gather and present information before trial. Whether you're a budding attorney, a potential witness, or someone interested in the workings of the legal world, understanding the depth and dimensions of depositions is crucial. As with many legal processes, there's much more beneath the surface than meets the eye.