A deposition is another tool in a N.J.personal injury attorney's toolbox. A plaintiff's deposition is generally taken in the conference room of the plaintiff's personal injury lawyer. Plaintiff is seated at a conference table, and her lawyer is present during the entire proceeding. The defendant's lawyer, and a court reporter are in attendance. The defendant's lawyer will ask you a series of questions, and follow up questions about your case.
Prior to the deposition, a plaintiff is asked to swear or affirm to tell the truth. The court reporter will take down every word uttered by a everyone in the conference room. After the deposition is completed, the court reporter prepares a transcript of everything that was said during the proceedings.
The transcript can be used during the remaining period of discovery process, and at trial of your case. A plaintiff must tell the truth, and his deposition testimony must be consistent with answers to the same or similar questions posed during discovery, or at the trial of the case. For example, if you say the light was green at your deposition; and testify at your trial, in response to the same question, the light was red, you are in a heap of trouble!
Here is an example of the
wrong way to use the response, "I don't recall" at a deposition. Observe
the Mayor's body language and demeanor. Did his lawyer do a good job
preparing him for his deposition? The outcome of the case was that NYC
paid $7M to the plaintiffs.
Depositions are important and should be
taken seriously. Thorough preparation and practice is the key to a successful deposition