Q: What is a deposition and how should I prepare for mine?

A: Depositions are a type of “formal” discovery devise (as compared to an informal discovery devise like a private investigation).  Depositions are taken after a suit has been filed in court and after interrogatories and all necessary documents have been collected. The reason for this is that interrogatory answer and certain documents (such as the police report) will be necessary to plan and execute an effective deposition. Depositions are both expensive and time consuming, however they are a key part of your personal injury case.  Depositions may be taken of any party or nonparty.  They are necessary to interview certain witnesses such as the defendant because this may be the only time your personal injury attorney may interview the defendant prior to trial.  Depositions are also very useful in determining the credibility of potential witnesses, exploring what potential expert witnesses will testify to at trial, and by pinning down essential details and facts of your case.  In fact, this may be the only time prior to trial that the defense attorney cannot directly control the responses of the individual being deposed.  Most likely your attorney will want to meet with you prior to your deposition.  The attorney will review the general format that the deposition will take and will answer all questions you have.  Don’t be nervous, your attorney will be with you the entire time.  Plus, remember you can always take a break during the deposition to speak your attorney.