How Lawyers Can Use Depositions
Here are five examples of how aFirstCoastpersonal injury attorney may use depositions:
1) To Gather Information: Once the attorney figures out who should testify in a deposition (usually through the use of written discovery), the attorney can use the deposition as an opportunity to gather information from those called to testify.
2) To Hold a Witness to His or Her Testimony: In addition to giving a personal injury attorney an idea of how a witness may testify during the trial, a deposition can also be used to hold a witness to a set of facts. An attorney can then impeach a witness at trial if the witness’ testimony differs from their testimony during the deposition.
3) To Authenticate Documents: A First Coast personal injury attorney should always be thinking of ways to admit crucial documents into evidence. In order to do this, attorneys must usually get those documents authenticated. During a deposition, an attorney can have the witness verify whether the a particular document in question is, in fact, genuine.
4) To Support a Motion: The testimony obtained by a personal injury attorney during a deposition can be used to support a variety of motions. During a deposition, the opposing attorney has an opportunity to cross-examine the witness. In an affidavit, on the other hand, the witness is not subject to cross-examination. This often times will make a deposition more persuasive than an affidavit.
5) To Obtain an Admission: During a deposition, a defendant’s testimony can be used as an admission in most jurisdictions. An “admission” is essentially a fact that a witness testifies about. The facts that an attorney gathers from a defendant during their deposition can be used to attack the defendant’s recollection of the events during the trial.
Call First Coast personal injury attorney John Fagan to schedule a free consultation.