Why do lawyers do depositions?

Quinton Petrucciani

Whenever TV shows or movies depict the legal process, they often focus on the drama-filled court scenes. But, behind these scenes, lawyers are doing plenty of groundwork. One critical piece of this preparatory work is the "deposition." Now, you might wonder, what exactly is a deposition, and why do lawyers give it so much importance? Let's dive in and simplify things.

session where a lawyer interviews a witness or party involved in a lawsuit. A court reporter records This interview verbatim and then creates a written transcript. It's a bit like a pre-trial "rehearsal," though it's not held in a courtroom, and there’s no judge present.

The primary goal of a deposition is fact-finding. Lawyers want to understand a witness's side of the story, the details they recall, and any potential evidence they might provide. It's a chance for lawyers to see the breadth and depth of what each witness knows.

Memories fade over time. If a case takes months or even years to go to trial (which is common), a witness's recollection of events might change. Depositions capture and preserve a witness's testimony in their own words to remain consistent.

It's one thing to read a statement; it's another to hear someone say it out loud. Lawyers use depositions to gauge how credible, reliable, or convincing a witness might be. If someone is jittery, uncertain, or easily caught in contradictions, that's important to know before the trial.

Lawyers can also use depositions as a strategic tool. By knowing in advance what a witness is likely to say, they can craft their trial strategies more effectively. This can include planning counterarguments or deciding which pieces of evidence to prioritise.

Once both sides hear all the testimonies, they might realize the strength or weakness of their position. This can prompt parties to settle a case out of court, saving time and money.

If a witness says one thing during a deposition and another during the trial, a lawyer can use the transcript to challenge their credibility. This tactic, called "impeaching a witness," can sway how the court views that witness's reliability.

Imagine a formal meeting with a few people: the deposed person (the "deponent"), lawyers from both sides and a court reporter. The setting is usually a lawyer's office, not a courtroom.

Oath or Affirmation: Like in court, the deponent swears to tell the truth.

The lawyer who arranged the deposition (usually the lawyer for the opposing side) begins by asking questions. They can cover a wide range of topics related to the case.

While the opposing lawyer can't stop the deponent from answering a question (like they might in court), they can object to it. This note is taken down, and the deponent continues. These objections can be revisited later.

After the first lawyer is done, the other lawyer asks follow-up questions.

Once all questions are asked, the deposition ends. The court reporter will then create a written transcript of everything said.

Though less glamorous than courtroom showdowns, Depositions play a pivotal role in the legal process. They help both sides of a lawsuit gather and clarify information, gauge witness reliability, and often steer the direction of the case.

So, the next time you hear about a deposition, remember it's not just a routine interview. It's a critical strategy tool, a piece of the puzzle in the quest for justice, ensuring that there are no surprises when the actual trial comes around.

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