- September 9, 2011
- In personal Injury
In addition to using depositions to gather information, your Orange County personal injury lawyer will also use them as a trial tool. The following are ways that your lawyer can utilize depositions at trial for your personal injury claim:
- Impeachment. A deposition is a written testimony under oath or affirmation; that means that the deposed witness will be locked into a certain set of facts. If this witness tries to testify to the contrary, he or she can be impeached with the deposition testimony.
- Refreshing the witness’s recollection. Your lawyer can use anything, including deposition testimony, to refresh the witness’s recollection in case the witness is unable to recall certain facts or events.
- Reading the deposition aloud as an admission. Depending on the rules of evidence in your jurisdiction, your personal injury lawyer may be able to read the deposition aloud as an admission.
- Reading the deposition in lieu of live testimony. Whether or not your attorney can do this also depends on the rules of your jurisdiction. Usually, in order for this to be allowed, the witness must be unavailable for testimony at trial (because of illness, death, or inability to subpoena that witness).
Each jurisdiction has a specific set of rules governing the permissibility of using depositions in trial. Your Orange County personal injury lawyer should be aware of these rules. He should also make an effort to continually keep himself updated as these rules change.
Your Orange County personal injury lawyer’s knowledge of the rules of court procedure is important to the success of your personal injury claim. If you are not already represented by a lawyer, contact knowledgeable and dedicated Orange County personal injury lawyer Samer Habbas today for a free initial evaluation of your case by calling (888) 848-5084.