What do I need to know before being deposed
A deposition is a method in a Florida civil lawsuit by which a party can obtain information by asking questions directly of the deponent. They are generally transcribed by a court reporter and can also be videotaped. Simply put they are like a Q and A session but can sometimes be a critical junction in a lawsuit and can make or break the strategy of a party. This is the basics of a deposition.
How does a deposition come together The party seeking the deposition should at least try to coordinate the date and time with the opposing counsel or the non-party being deposed. The party taking the deposition provides written notice. If the depo is of another party, then only a notice is required. If the depo is of a non-party to the lawsuit, then a subpoena is used. In state court the notices and subpoenas are filed with the Clerk. They are not filed in federal court. That court has slightly different procedures.
A non-party can agree to accept service of a deposition subpoena directly. If the non-party refuses or cannot do so, then a process server physically delivers that subpoena. Failure to appear or participate in the deposition with proper notice can result in sanctions unless there is a proper basis to do so.
What should I expect in my deposition If you are represented, then your attorney will discuss where and when the deposition will occur, who will be there, and what to expect. The most important issue your attorney will tell you is to always tell the truth.
When the deposition begins you will be placed under oath. By that oath you swear to tell the truth. It is improper and illegal to intentionally violate that oath. It can also seriously damage or destroy your credibility if you do not tell the truth. Thus is it always best to tell the truth.
Your business attorney will discuss whether you need to review any documents before the deposition. Likewise, your lawyer will advise whether you should bring any materials to your deposition.
Do’s and Don’ts for a deposition Some important Do’s and Don’ts for a deposition in no particular order are:
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Written by David Steinfeld
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.