The deposition process is an essential part of collecting evidence during a lawsuit.
If you are going to take a deposition summary, it is important to understand the steps of a deposition:
During the deposition, every word spoken by attorneys and witnesses is transcribed on a stenography device. With shorthand, this quickly typed document is transcribed into English to make a complete transcript. This process might take up to several weeks to complete.
All parties to the case are sent a copy of the transcript to review. This provides you with time to meet your attorney and others to go over any mistakes or inconsistencies in the transcript. If the text contains any mistakes, it is vital to make changes so the transcript is credible in a court of law. If you have been misquoted, for example, you can talk about the mistake with your lawyer.
Your attorney will assess the case based on the updated transcript. It could lead to new interviews or a rethinking of your legal strategy.
Evidence for Court Proceedings
The deposition can be used in a trial, but it also may be reference material in some court pleadings. The deposition will be evidence in the trial that can be compared to other evidence to build a strong case for consistency. After the trial, the deposition is a public record that anyone can refer to for research purposes.
After the deposition is complete, your attorney will review the testimony and go over all words spoken in the transcript. Your legal strategy could change based on what is in the transcript. If a deposition has something in it that changes your possible legal choices, it is critical to talk it over with your lawyer.
More follow-up could be needed if the deposition uncovers new information about your case. Your lawyer may need to review the information more and could call more witnesses to depose. Only at that point can the lawsuit go forward. This is why the discovery process can sometimes take months.
The deposition also can be the last part of the lawsuit puzzle as it simplifies legal issues and allows the attorneys to get to a settlement before trial. Depending on the facts and the contents of the deposition, it may be possible to reach a settlement right away.
The deposition usually offers avenues for more investigation to reveal facts of a legal case. It also can help you to settle your case faster. In either case, the deposition is an essential part of a lawsuit.