Depositions

Posted by on March 27, 2015 in Blog | Comments Off on Depositions

What is a deposition? A deposition is a formal setting where parties to a case sit in one room with their attorneys present and a court reporter. Although a deposition is less formal than the court room, it is important for the parties and witnesses to maintain a professional demeanor and act appropriately.  In the more laid back sense, depositions are an informal Q&A session. You can take a bathroom break, step outside to speak with your attorney, and dress less formally than you can in the court room.  At the conclusion of the deposition, the court reporter will send you a copy of what she typed up (i.e. the transcript).  From there, you are given an opportunity to read what was said and make any necessary corrections.

The most important trick to a successful deposition is to keep quiet and not talk.  First, listen to the question, take a breath, and pause. Never try to explain your answer or give extra information to the other side. In simple terms- keep tight lips. If either attorney says, “OBJECTION,” do not speak until your attorney instructs you to speak.  Hait & Kuhn refers clients to YouTube to watch sample videos on how to prepare and take a deposition. It is important to review your personal records, answers to interrogatories and answers to your Notice to Produce and/or Request for Production of Documents.  It is also important to meet with your attorney prior to any deposition taking place. This applies to clients who are involved in the following cases: divorce, child custody or visitation, child support, car wreck, accident or crash (including rear end collisions or wrongful death), motorcycle wreck, or bankruptcy wherein the Trustee believes a client is committing fraud. If you do not have good communication with your attorney, you may want to consider a switch.  A deposition can make or break a case.  As always, we offer free initial consultations to all clients in the following areas:  Woodstock, Town Lake, Bridgemill, Acworth, Smyrna, Vinings, Canton, Marietta, Kennesaw, Alpharetta, Milton, Roswell Atlanta, Cumming, Johns Creek, Duluth, Sandy Springs, and Powder Springs. If you are injured and cannot travel, we will come to you.