Financialtreat – will explain about What is The Meaning of Deposition According to the Legal Dictionary you will get in the following article. let’s look at this article carefully!
In modern life, with all the science and technology that is developing rapidly every year. Likewise to the development of language and vocabulary, especially in the language of legal dictionaries. It never hurts for you to learn the meaning or meaning in the legal dictionary, including the word deposition.
The terms of the field of law, such as the word deposition are often used in the language of law, including new things that fall within the scope of the meaning of funds or the definition of law in accordance with the development of science and the study of the field of law.
Important Information! The Meaning of Deposition According to the Legal Dictionary
The development of law in the Motherland led to legal terms. There are many various mass or electronic media. The dictionary of legal terms is intended for consumption for all circles, both academics, practitioners and the general public.
So that the existence of this legal term dictionary has a very strategic value as a reference material that is easy to read and understand. The term or meaning of the word law is also complemented by the terms of the articles contained in the Criminal Code, civil code and criminal code.
For this reason, it is hope that the author with this legal dictionary can help provide explanations for terms that are often use in legal language. Deposition is witness or expert evidence base on an oath made outside the court.
Through these legal terms that you can access easily and quickly, we hope to help you in understanding the phrases that are in place correctly.
How deposition works
High profile case reporting often highlights the use of testimony and witness testimony that is different from the testimony given in court. But what is deposition and how does it work? Read on to know about the discovery process, some basic information about deposition, and how deposition works.
Discovery Process Overview
In the lawsuit, all the mentione parties have the right to make a discovery , a formal investigation, to find out more about the case. Pre-trial access to this information allows the parties to use facts and potential evidence to better determine their strategy and avoid delays once the trial begins.
In some cases, what is learne during the discovery can even help the opposing party reach a settlement without having to be trie at all. Inventions can come in many forms, with the most common being a subpoena for relevant documents, interrogation (written questioning), and deposition — the taking of an oral statement from a witness before the trial, under oath.
Whether deposition is necessary depends on the facts and unique circumstances of each case. Cases involving only legal issues, not factual, usually do not require it because the testimony of witnesses and other evidence is irrelevant to this decision. However, in many lawsuits, deposition plays an important role in painting a more complete picture of the events in question.
Fundamentals of Deposition
Unlike the information recorde in the documents or the lawyer’s answer to the interrogation , the deposition involves a living and breathing witness who is aske questions about the case.
Deposition has two purposes: To know what the witness knows and to keep the testimony of that witness. The purpose is to let the parties know all the facts before the trial, so that no one is surprise once the witnesses are present.
Contrary to what countless movies and TV shows you will believe, throwing a surprise witness at the eleventh hour of the trial is considere unfair. By the time the trial begins, the parties should know who all the witnesses are and what they will say during the testimony.
Deposition is an opportunity to understand the case better and not solely to gain favorable testimony. If, for example, the witness version of the events will weaken your case.
That’s something you need to know long before the trial, because the last thing you want is to be caught off guard by listening to damaging testimony for the first time. the time when the witness took a stand.
Basically, deposition is an opportunity for all parties to study where the weak points are in their respective cases, then prepare ways to avoid or refute them at trial .
How does deposition work and what do you expect?
There is a limit to how long the deposition can last. Deposition can take as long as 4-6 hours. However, in most situations. They generally last 2-3 hours for the party filing the lawsuit. And sometimes only 30 minutes to an hour for witnesses. Depositions are carrie out in the attorney’s office, not in the courtroom.
Your lawyers, court reporters. And their lawyers are usually present in the conference room. You will be sworn in and the opposing legal counsel will ask you a series of questions. About the facts and events relate to the case, which you are oblige to answer in full and in truth.
Your lawyer can refuse questions if necessary, but since the judge will not be present, any objections should be decide at a later date and only in very rare situations, your lawyer will instruct you not to give an oral answer to a question.
Opposing lawyers, because you and your lawyer share the so-calle “attorney’s client privileges” and confidentiality, cannot ask about the conversations or information and discussions you have with your own lawyer. That information and that conversation are protecte.
A court reporter will copy verbatim the deposition and ensure that it is properly recorde and that the transcript reflects the events and accurate testimony that occurre at the deposition.
You will get a copy of the deposition transcription about 7-10 days after it expires. When you get it, you can read it, make sure it’s accurate, and if everything seems right, you can sign it. Any lawyer may use the transcript at trial or to support the motion file in the case.
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How to prepare for deposition
Deposition offers both parties an equal opportunity to evaluate the strengths. And weaknesses in their respective cases so that they can prepare for them in court.
The opposing advisor will try to trap you into a specific story. Perhaps a story that is not always true but better for the other party, their lawyers and the insurance company.
It is important to remember that defense lawyers have an agenda of entering this deposition. That agenda is often aime at obtaining testimony that may be detrimental to your case. Even if it is inaccurate or a correct representation of your events or injuries and care.
For example, a lawyer might try to challenge how the accident happene. In order to project the blame on you when you didn’t make a mistake. Alternatively, the lawyer may try to establish past injuries or medical treatments. To question whether the injuries cause in this accident originate from something else in your life.
It’s unfortunate, and while not all defense lawyers are the same, lawyers can do these things during your deposition. Stand tall and your lawyer will be there to support you.
Deposition is an opportunity to tell your story. And an opportunity to explain to another lawyer. And his client how the tragic events that le to this lawsuit change your life.
To prepare for your deposition. It is important to refresh your memory of some specific things that you may not remember completely. It is important to provide a consistent history of what happene. Or a defense attorney may use it unfairly against you.
Therefore, it is important to review any statements you have. Made in the past about your case, police reports about traffic accidents. And other documents that may have been submitte to the court such as your interrogation answers.
Review notes, logs, calendars. And other documents so you can easily remember important details that might be aske of you, such as dates, times. And events relevant to your case. Be clear, specific, and professional and respectful.
Don’t be afraid to admit that you don’t know the answer to a question. If asked about medical records. Ask a lawyer to provide you with a copy of the note. So that you can review it and answer these questions.
Don’t guess, the important thing is that the testimony is accurate. If you have any concerns, discuss them with your lawyer before deposition.
That’s a bit of an explanation of deposition in the law. Hopefully, this information will be useful and increase your knowledge.