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What is a Deposition? (Part 2)

What is a Deposition? (Part 2) Enjoy more on: Accurate Court Reporting Legal Services

In our last deposition’s related article we covered who was present at a deposition. Now, lets continue to explore the question…What is a Deposition?

What is deposition servicesThose that are present are the deponent, attorneys and the court reporter.  Now that we know who is present, what generally happens during a deposition?

To start, the witness or deponent needs to be sworn in.

sworn testimonyThis oath or affirmation is the same one given to the deponent that would be given if the testimony were in court in front of a judge and jury. After the oath is given the attorney that has ordered the deposition begins their questioning. This initial line of questioning is known as the direct examination.

After the direct examination, other attorneys have the opportunity to cross-exam the witness. During the cross-examination the witness is asked a series of questions that pertain to an opposing party in the case.

There is a series of back-and-forth’s that can take place known as re-directs, which is where the initial attorney can ask follow-up questions, and re-crosses, where the opposing attorney or attorneys can ask more follow-up questions.

“This back-and-forth can continue until both parties feel satisfied with the questioning.”

During the questioning the witness has the responsibility to be clear and precise with their answers.

Since a deposition is an oral dictation of events, things like head nods and gestures… and even onomatopoeias like umm or un-huh cannot be recorded. The responses of the witness rely heavily on the attorney to ask the correct questions in a way that are agreeable to opposing counsel.

objection in court of lawWhen a question or a line of questioning is objectionable to either side, the attorney can object to the question. An attorney has the right to object to a question for instance, to either assert a privilege, like attorney client privileges or to object to the form of the question. Objections to the form of the question are usually to caution witnesses about the way the question was phrased. If the form of the question is objected to, the attorney has the right to rephrase the question but even if it not rephrased the witness must answer the question.

A deposition is an important proceeding…

A deposition is an important proceeding that has a lot of moving parts in the form of persons and personalities. In general they usually are completed without any issues, but just like life sometimes things get heated or misunderstandings take place that can throw a lot of excitement into the mix.

Accurate Court Reporting offers legal deposition services. We provide conference rooms, technical support, audio and video technology, and even lunch and refreshments for longer engagements. Call 1-888-227-3335 for more information.

If you missed part one of this article, please click here.


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