Depositions are part of the “discovery” process. For a better understanding of the discovery process, please see our previous litigation posts about lawsuits and discovery.
A deposition is an out-of-court proceeding in which a lawyers asks questions of a witness under oath and with a court reporter present. Depositions typically take place at an attorney’s office or a court reporter’s office. You may have your deposition taken by an attorney if you are a party to a lawsuit or you are someone who has personal knowledge about the facts of a lawsuit. It is common during a lawsuit for a lawyer to depose the plaintiff, the defendant, an expert or someone who has a connection to the case, such as an eye witness. Often times, the person being deposed will receive a deposition subpoena which describes the date, time, location and purpose of the deposition. The subpoena may also require you to produce specific records. Failure to comply with a subpoena may result in a court order and sanctions against you.
If you are being deposed, it is critical to meet with your attorney beforehand to understand your rights and obligations before and during a deposition. The experienced attorneys at Chauvel & Glatt can assist you through this process.
