- June 17, 2011
- In personal Injury
Taking depositions is a pretrial technique used by Orange County personal injury attorneys to gather facts and evidence by taking testimony out of court. The most common purposes of depositions are:
(1) To get the facts. Depositions naturally flow from the written discovery process, in which your Orange County personal injury attorney identifies the persons who need to be deposed for your personal injury case. Written discovery helps your attorney figure out who is needed to fill in the factual gaps; depositions are there to help your attorney figure out what they know.
(2) To freeze witness testimony. The deposition gives your Orange County personal injury attorney a peek into what the witness will testify to at trial. In addition, this is a way for your attorney to “freeze” the testimony and lock the witnesses to a certain set of facts so that they cannot later change their testimony.
(3)To obtain admissions. Your Orange County personal injury attorney may be able to use a witness’s testimony as an admission. In most instances, this can occur if the attorney deposes the defendant or someone who can bind the defendant (if the defendant is a corporate entity). An admission can also be a fact obtained from the witness that tends to undermine the witness’s credibility.
(4) To authenticate documents. In order for documents to be properly submitted as evidence to the court, they must first be authenticated. This can be done by stipulation of the parties or through a request for admission, but your Orange County personal injury attorney can also directly ask witnesses foundational questions, such as whether a document is genuine.
(5) To support motions. There are many motions that can be supported by deposition testimony. Deposition testimony tends to be more persuasive than affidavits are because, unlike an affidavit, deposition offers the opportunity for cross-examination by the opposing attorney.
If you’ve been injured in a car accident, get legal advice and guidance from experienced Orange County personal injury attorney Samer Habbas. Your attorney’s role is important, especially in the stages before your actual trial. Important facts that can make or break your case can be collected during the taking of depositions, for example. To schedule a free initial consultation, simply fill out the form on this page, and I will get back to you as soon as possible.