• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

What is a "deposition" (related to a lawsuit)

MotionMan

MotionMan

Lifer
Before you read any of the other posts, please describe what you believe a deposition (related to a lawsuit) is. It does not have to be too detailed - just enough to express the general idea.

As you may know, I am a lawyer, but, even when I was a kid I knew what a deposition was. It is amazing to me how many people do not.

Thanks for playing.

MotionMan, Esq.

(EDIT: After a few posts, I will give an answer in the thread.)
 
To me, you make a statement under oath to the judge of a trial. I assume it is usually written and used to inform the judge and the attorneys of the facts before the trial. It can be used in the trial.

But I really don't know much about the law.
 
if I'm defending it, it's 7 hours for me to browse cnn.com and occasionally wake myself up by saying something akin to "objection" or "don't answer that" or "lets take a break."

if I'm taking it, it's 7 hours of pure legal genius, hopefully recorded for future generations of lawyers to behold.
 
It's a question and answer session between council and a witness or potential witness in the presence of a stenographer which can be used in a court of law.
 
Without reading anything.. it is like being a witness in a court case without having to sit on the stand. Lawyers ask you questions and your answers can be used at trial and you are subject to perjury laws just like you're sitting in the stand.
 
An on-the-record statement either written, or given in person. Kind of like testimony, but you do it before the trial.
 
Giving an official statement that can (and will) be used in court.


My dad is a lawyer so I learned a lot of these things as a child.
 
It's a pre-trial session where a wittness is questioned about what ever specific incident it is they might testify about.

Lawyers from both sides (plaintiff and defendant) are present but it is one laywer that is asking all the questions.

That's about as much as I know.
 
Originally posted by: MotionMan
Originally posted by: SunnyD
Originally posted by: MotionMan
Originally posted by: axelfox
Objection. Speculation. You may answer 😛
Click to expand...

Lacks foundation.

MotionMan
Click to expand...

Objection your honor... council is wearing pants. We request sanctions.
Click to expand...

But, your honor, I am going commando!!!

MotionMan
Click to expand...

The jury will disregard the last statement... :laugh:

Council, approach the bench.
 
Originally posted by: Farang
Without reading anything.. it is like being a witness in a court case without having to sit on the stand. Lawyers ask you questions and your answers can be used at trial and you are subject to perjury laws just like you're sitting in the stand.
Click to expand...

My knowledge, via John Grisham books 🙂
 
Originally posted by: nakedfrog
A written statement from a witness?
Click to expand...

That's an interrogatory, at least if it's in response to a set of written questions sent to the witness or party.
 
It is a statement given under oath, transcribed by a Court Reporter for use in Court. It is given by an Attorney and the person being deposed may or may not be given access to their own legal counsel while being questioned.
 
Originally posted by: spidey07
I assume it comes from depose which means to remove. So something to do with removing information from somebody?
Click to expand...

Like this but through the nose with a pointy stick.
 
Some pretty good answers. Thank you for restoring my belief in man:

A deposition is a question and answer session that usually takes place in a law office's or court reporters office's conference room. The deponent, who may be a party (or employee of a party) or simply a "third-party" witness, takes the same oath that one takes to give testimony in court. The deposing attorney then asks the deponent questions that the person answers under the penalty of perjury.

The deponent can be represented by counsel. That counsel or other attorneys present can object to questions, but, except in specific circumstances, the deponent still has to answer the objected-to questions (The judge may later rule on the objection at trial).

All of the attorneys present can ask questions, in turn, even the deponent's attorney.

The court report takes down everything that is said in the room and creates a transcript of the proceeding (a booklet that looks like a movie script). Parts of the transcript can later be read to the judge or jury at the trial if the deponent changes his story (since the deposition testimony is under oath). Having your deposition testimony read back to you at trial usually means you will look like a liar.

The deposition is probably the most important event prior to a trial for many lawsuits.


Here are some funny moments from depositions. They are NOT typical (Some NSFW language):

http://youtube.com/watch?v=RjtnRmy0H-U
http://youtube.com/watch?v=y2X52rS-ZLE
http://youtube.com/watch?v=td-KKmcYtrM
http://youtube.com/watch?v=m2r5X-2_IGc
http://youtube.com/watch?v=VAIN_w026aY

MotionMan
 
MotionMan you're a lawyer, is this true for video "Expert for the Defense" (v=y2X52rS):

The man here is fully capable of doing this, he is answeing like this to? block the further line of questioning from the lawyer, that way his re-creation of the accident can not be disproven.
Click to expand...
 
Originally posted by: Farang
MotionMan you're a lawyer, is this true for video "Expert for the Defense" (v=y2X52rS):

The man here is fully capable of doing this, he is answeing like this to? block the further line of questioning from the lawyer, that way his re-creation of the accident can not be disproven.
Click to expand...
Click to expand...

Probably.

MotionMan
 
You must log in or register to reply here.

TRENDING THREADS

Back
Top