- June 6, 2011
- In personal Injury
A deposition, which is an out-of-court testimony that is taken under oath and put down in writing, serves many useful purposes for a personal injury case. Among the most important are:
(1) Fact finding. Depositions are a part of the pretrial discovery process by which your Orange County personal injury attorney uses the information gleaned from written discovery to identify witnesses and find out what they know.
(2) Freezing witness’ testimony. The deposition gives your Orange County personal injury attorney a glimpse of what the witness will say in trial. This is also an opportunity to “freeze” the witness’s testimony and lock him or her into one set of facts. This way, the witness won’t be able to change his or her account at the trial.
(3) Getting admissions. An admission is a concession, acknowledgment, or confession as to the truth or existence of certain facts. In the deposition context, an admission also means a statement that your attorney can use to undermine the witness’s story, if it contradicts your account of the events. Your Orange County personal injury lawyer may be able to use witness testimony as an admission. This is especially true if your attorney deposes the defendant or, if a corporate defendant is involved, someone who has the authority to bind the defendant.
(4) Authentication of documents. Authentication is the process by which written evidence is made legally admissible for trial. Oftentimes, a lawyer will try to authenticate documents by asking witnesses about basic foundational elements, such as whether the document is genuine.
(5) Supporting motions. Your personal injury lawyer may be able to get additional support for motions using the testimony he or she gets at a deposition. Depositions are more credible than affidavits, since depositions subject the witness to cross-examination by the opposing attorney.
If you’re considering pursuing a personal injury lawsuit, you will need the help of an experienced Orange County personal injury lawyer who will carefully investigate the facts of your case, prepare your case for trial, and act as your best advocate.Samer Habbas may be able to help. Call (888) 848-5084 for a free initial consultation