What’s a Deposition?

When you’ve been injured in an accident caused by someone else’s negligence, pursuing fair compensation might involve filing a lawsuit. Once a lawsuit begins, both sides enter the discovery process in which they gather information to build their cases. One important piece of discovery is the deposition, but what’s a deposition, and why does it matter?

A deposition is a formal question-and-answer session where the opposing counsel asks questions, and the deponent provides their answers under oath. These responses are recorded to create a written transcript that may then be used as evidence in court. Knowing what to expect during this process can help you move forward with your case and fight for the justice you deserve.

What to Expect During a Deposition

Once the deposition begins, it follows a specific process to ensure fairness and accuracy. Here’s what happens step by step:

The deponent is placed under oath to confirm their compliance with the law to provide truthful testimony.
The opposing attorney asks questions to gather information, clarify details, or challenge statements.
The plaintiff’s attorney may also ask questions to provide additional context or protect their client’s position.
A court reporter or videographer records everything that is said to maintain accuracy.
The court reporter creates a verbatim transcript of the deposition.

During this time, it’s important to stay calm and follow your attorney’s direction as everything that is said becomes a part of the case record.

Where Do Depositions Take Place?

Per Florida Rule 3.220, depositions can occur in different places, depending on where the witness lives and what is most practical for the case. Common scenarios include:

Depositions for witnesses living in the trial county are held in the courthouse or another location agreed upon by the parties or designated by the court.
Witnesses outside the trial county may have their depositions taken in a court reporter’s office near their home, unless another arrangement is made.

Lately, there’s been a shift towards virtual depositions. Many witnesses now choose to participate in depositions remotely via platforms like Zoom. They can either do this from the comfort of their own home on a smartphone or computer, their attorney’s office, and although less frequent, from a court reporter’s office.

Who Attends a Deposition?

Everyone involved in a deposition plays a unique role throughout the process. Those who may attend include:

The deponent
Attorneys for both sides
A court reporter
An official to administer the oath
Additional attorneys if other parties are involved
A videographer
An interpreter if necessary

Common Questions Asked During a Deposition

When responding to deposition questions, you must be accurate and truthful. If you’re unsure of an answer, it’s okay to say so rather than guessing. Under Florida Statute 837.02, providing false information during a deposition is considered perjury and is a felony. Here are some of the most common questions you might be asked during a deposition.

Sharing Your Personal Background

The attorney will begin by asking general questions about your personal history to establish your identity and background. Common questions include:

Your full name and current address
Your date of birth
Details about your education like the highest level completed
Information about your employment history, including past and current jobs

You should also be prepared to talk about your medical history, especially any past health issues that relate to your case. Failure to disclose this information can create challenges after the deposition and could compromise your case.

Recounting Details About the Accident

To get a clear picture of the incident, the attorney will discuss what happened, where the accident occurred, and the events that led up to it. Expect questions like:

What you were doing at the time of the accident
When and where the accident happened
Who was present and what you said to anyone at the scene
What the weather or environmental conditions were like
Your mental state before, during, and after the accident

Describing Your Injuries and Losses

To help the attorneys determine the impact of the accident, they’ll ask you questions about your injuries and financial losses. Be prepared to discuss:

The injuries you sustained and their effect on your life
Any physical limitations you now experience
The medical treatments you received and when treatment began
The amount of money you’ve spent on medical expenses

It’s helpful to review your medical records with your doctor beforehand and take notes on your condition and treatment history to ensure you provide accurate information.

How Your Life Has Changed Post-Injury

Attorneys will then want to know how your injuries have affected your life, both economically and emotionally. These questions may include:

How your injuries have affected your ability to work and the income you’ve lost
Whether you’ve missed work due to your injuries
How your injuries have changed your day-to-day activities and your ability to care for yourself
The impact on your relationships with family and friends

You may also be asked about future damages like diminished earning capacity, ongoing treatment costs, and decreased quality of life.

What Happens After a Deposition?

After a deposition, the parties involved will review the information gathered to adjust their strategies. Here’s what typically happens:

The court reporter finalizes the transcript and provides it to all parties.
Parties review the transcript for accuracy and note any mistakes.
Mistakes are addressed through an errata sheet submitted to the attorney.
Additional discovery continues, including document requests and depositions of other witnesses.
Expert witnesses may be identified and deposed.
Settlement negotiations may take place to avoid going to trial.

Mediation and arbitration may also be scheduled to facilitate a resolution if negotiations fail. When looking at mediation vs. arbitration, mediation is when a neutral third party helps both sides reach a non-binding agreement, whereas arbitration is when an arbitrator acts as a private judge to determine a binding agreement.

If the case ends up going to trial, attorneys prepare witnesses and organize evidence based on the deposition. The deposition transcript can be used as evidence in court, and witnesses who testified during the deposition may also be called to testify at trial.

How a Deposition Affects Settlement Negotiations

Depositions can directly influence the direction a settlement goes in as the parties gain more insights into the case. Testimony from depositions helps assess witness credibility and reveals the strengths and weaknesses of each party’s arguments.

If the deposition strengthens one side’s case, they may push for a higher settlement. On the other hand, weaker testimony could result in a lower offer or a lack of willingness to settle quickly. To ensure you get the compensation you deserve, work with an experienced lawyer who can guide you through the process and ensure you handle any questioning with professionalism and accuracy.

Frequently Asked Questions About Depositions

Depositions can be intimidating, especially if it’s your first time, but your attorney will guide you every step of the way. Here are answers to some of the most common questions about the process.

How Long Does a Deposition Last?

Florida’s Civil Procedure Rule 1.310 doesn’t specify a strict time limit for depositions, but they can last up to several hours. The length depends on the complexity of the case, the number of questions asked, and the pace of the testimony. If a deposition becomes excessively long or unreasonable, the court can step in to set reasonable limits.

What If I Can’t Remember Specific Details During My Deposition?

It’s okay to admit if you don’t remember specific details. Be honest and avoid speculating or guessing as this could harm your case. If a question feels improper or irrelevant, your attorney can object or help guide you to respond accurately without compromising your case.

Can I Refuse to Answer a Question During My Deposition?

During a deposition, you are generally required to answer all questions unless your attorney raises an objection. Refusing to answer without legal grounds can lead to being held in contempt of court. Providing incomplete or evasive answers can also be treated as a refusal, so it’s important to respond clearly and honestly.

What Happens if I Don’t Attend My Deposition?

Failing to attend your deposition after proper notice can result in serious penalties per Florida Civil Procedure Rule 1.380. These may include:

Declaring certain facts as established
Restricting your ability to present evidence or make claims
Dismissing your case or issuing a default judgment against you
Requiring you to pay the opposing party’s expenses, including attorney fees.

What Can I Do to Prepare For My Deposition?

Before going into a deposition, you’ll want to make sure you’re prepared. Start by reviewing any interrogatories and relevant documents to refresh your memory on the details of the case. Your attorney is also a valuable resource as they can review potential questions and help you practice your responses. They might even recommend watching a simulated deposition to help reduce any anxiety and alleviate any fears you may have.

Lastly, make sure you at least have a basic understanding of the legal terms and issues that are specific to your case. This will help you respond accurately and confidently during the deposition.

Trust Fine, Farkash & Parlapiano, P.A. to Prepare You For Success

Now that you know what a deposition is, you can go into one with confidence. If you’re facing a deposition or have questions about your case, don’t hesitate to reach out. Contact Fine, Farkash & Parlapiano, P.A. today to schedule a complimentary consultation. We’re here to give you the knowledge and support you need, so you can get the best possible outcome for your personal injury claim.