What does a deposition involve?

What does a deposition involve?

Overview. A deposition is a witness’s sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the “deponent.”

What happens at child custody deposition?

At the most basic level, a deposition is a one-sided question and answer session. The lawyer requesting the deposition gets to ask questions of the other parent/spouse (the ‘deponent’). There are very few limitations on the questions that can be asked, and little a deponent can do to avoid answering them.

How does a deposition work in a court case?

At a deposition, a person appears at a specified time and place and gives sworn testimony—under oath, usually with a court reporter present so that a record is made.

Who is called the deponent in a deposition?

A deposition involves a living witness being asked questions related to a case. Here, the witness is called the deponent. Deposition provides an opportunity for both sides to discover all the facts before the trial and learn all the information that is known to the witnesses, so there are no surprises at the trial.

Can a witness refuse to give a deposition?

If you have little or no knowledge of the events surrounding the case and are requested to give a deposition as a witness, you may be able to refuse the deposition. You do so by informing the prosecuting lawyer that you have little knowledge or involvement with the circumstances that surround the case.

Can a person be compelled to attend a deposition?

Depositions can be very long and stressfut. But a person can be compelled to attend a deposition through the use of a subpoena. A subpoena must be served on the potential deponent through service of process. This typically involves hiring a process server.

At a deposition, a person appears at a specified time and place and gives sworn testimony—under oath, usually with a court reporter present so that a record is made.

What happens if you give an untruthful answer in a deposition?

A person being deposed is under oath, and giving an untruthful answer may result in court sanctions or even criminal charges for perjury. Even if this doesn’t occur, the opposing party will probably discovery an untruthful statement and use it against the person being deposed later in the case. What is a deposition?

Depositions can be very long and stressfut. But a person can be compelled to attend a deposition through the use of a subpoena. A subpoena must be served on the potential deponent through service of process. This typically involves hiring a process server.

If you have little or no knowledge of the events surrounding the case and are requested to give a deposition as a witness, you may be able to refuse the deposition. You do so by informing the prosecuting lawyer that you have little knowledge or involvement with the circumstances that surround the case.