A deposition is an interview in which attorneys for both sides ask a deponent information about the car accident. A deponent can be the drivers of the car, police officers, passengers, medical professionals, and eyewitnesses. Depositions normally take place outside of the courtroom. They are conducted by an attorney working on the case. During the deposition, a court reporter is also present to record everything the deponent said. The recordings will be transcribed and presented at the trial. Depositions are often a necessary part of the trial process. In this article, we explain what you should expect during a car accident deposition.
The Role of the Court Reporter
A court reporter is a stenotype operator that uses shorthand to record court proceedings. Sometimes, they are also public notaries. This is important because deposition testimony has to be given under oath. At the deposition, the court reporters must record everything the deponent says. They can use a video camera if the deponent is too sick to speak properly. Once the deposition is over, the court reporter creates a transcript of the proceedings and turns it over to a court of law.
The Role of the Attorney
Attorneys for both the defendant and the plaintiff are present at the deposition. Each side is allowed to ask the deponent questions regarding the car accident. If the deponent has their own lawyer, that attorney will also be present. The entire process is transparent from start to finish. Both attorneys will learn new information during the deposition and they will learn if the witness’ testimony helps or hurts their case. The lawyers will ask questions about the events leading up to the car accident and what took place during the collision.
When Does a Deposition Happen?
A deposition happens during the discovery process of the lawsuit. After a formal complaint is filed by the plaintiff, both sides are tasked with investigating everything they can about the case. They will look over police reports, filings, insurance claims, witness testimony, and any other information. The discovery process happens during the pre-trial proceedings. Both sides are allowed to share information with each other and be transparent. The sides are not necessarily working together instead they are communicating their position with one another. This transparency is the reason why both sides are present for the deposition.
Call a Colorado Personal Injury Lawyer
If you are looking to handle your car accident through the court system, then you need a trusted name in personal injury litigation. Heuser and Heuser LLP are personal injury lawyers that proudly serve the Colorado Springs and Pueblo area. They have recovered seven-figure settlements for their clients and they are committed to the pursuit of justice.
If you are going through the deposition process, you need a car accident lawyer that works to serve your best interests. A car accident lawsuit can be very difficult to navigate. A lawyer can also be a confidant that will guide you through the deposition process. If you are going through car accident litigation, contact Heuser and Heuser today.