When do depositions take place

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent. Depositions usually do not directly involve the court. The process is initiated and supervised by the individual parties. Usually, the only people present at a deposition are the deponent, attorneys for all interested parties, and a person qualified to administer oaths.

Sometimes depositions are recorded by a stenographer, although electronic recordings are increasingly common. In this article, we'll explain how the deposition process works in the context of a personal injury case , and what to expect if you need to testify. At a deposition, a person appears at a specified time and place and gives sworn testimony—under oath, usually with a court reporter present so that a record is made.

Depositions typically occur during the discovery phase of a personal injury case after the filing of a lawsuit , but before trial or settlement. Similar to what happens at trial, a lawyer will ask questions to the person being deposed the "deponent". In some circumstances, the deposition testimony may be admissible in court. Subject to limited exceptions, you can depose any person who may have knowledge of the facts related to the lawsuit.

Naturally, many people will not voluntarily appear at a deposition out of pure good will. Depositions can be very long and stressful. But a person can be compelled to attend a deposition through the use of a subpoena. A subpoena must be served on the potential deponent through service of process. This typically involves hiring a process server. If you have a personal injury lawyer , he or she will be very familiar with this procedure. A subpoena commands a person to appear at a specific place and time to give testimony.

The actual subpoena must follow strict guidelines, including naming the court and title of the action, commanding attendance, and including specific text.

There are protections afforded to a subpoenaed person. A motion to "quash" or "modify" a subpoena may be filed with the court for a number of reasons, including failure to allow reasonable time to respond to the subpoena, and when the compliance with the subpoena would require a person to travel an unreasonable distance. When preparing for a deposition, you want lawyers with specific experience on depositions and other litigation techniques in Texas and who have the proper expertise and resources to help you.

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At depositions, witnesses appear at a predetermined time and place and give testimonies under oath. Depositions typically occur during the discovery phase of a lawsuit and have two purposes: first, to learn what the witnesses know and record their testimonies, and second, to allow both parties to learn all of the facts before their trial so that no one is caught off-guard during the trial.

The unique facts and circumstances of each case will determine whether a deposition is needed or not. For example, cases that involve only legal, not factual, issues usually do not require depositions.

Witness testimony and other evidence are not relevant to these disputes. What are depositions used for? The deposition is part of the discovery process and may be used at trial.