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Depositions: What Are They and Why Do They Matter?

What is a deposition?

A deposition is a discovery tool in which opposing parties can ask questions of the other side under oath. These questions and answers are usually taken down word-for-word by a transcriptionist, so the other party at trial can use the statements.



Why is it important to contact a lawyer before giving a deposition? 

Before giving this deposition, all the materials and potential issues in your case should be thoroughly discussed with your lawyer. This enables you to be prepared ahead of time and anticipate what questions you will be asked and what the other lawyer will intend to accomplish by taking your deposition. Your lawyer can also take the deposition of the other side or other witnesses in the case. This is extremely helpful in preparing for trial because it will then be known what each party will testify to at trial. If that party testifies differently than in their deposition, their prior inconsistent statement in the deposition can be used to impeach them.

These inconsistencies, even if they are only apparent inconsistencies, can sometimes hurt your case. Accordingly, I am always willing to exchange information with the insurance company; however, the questions asked of my client prior to a lawsuit have to be sent to me in writing, at which time I can respond to these questions in writing back to the insurance company. This means I don't allow insurance adjusters to take an additional deposition of my clients by means of a recorded statement prior to filing a lawsuit.

Contact McCarron Law Firm 

Schedule a FREE CONSULTATION with Bloomington personal injury lawyer Joe McCarron today to experience what sets his firm apart from the rest. 309-820-1010

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Tuesday, 17 September 2019