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What is a Deposition?


Once a lawsuit reaches the point of litigation, which is the process of taking a personal injury lawsuit through court, you may be required to give a deposition.

A deposition is just one of several methods used to help prepare for a case. A deposition is an interview where an attorney will ask you (or any other person giving a deposition) questions about your accident and injuries.

If you are the person taking a deposition, you are known as the deponent. Your attorney is always present when you give your deposition. Generally, the defendant’s attorney is also present.

A court reporter will be assigned to take notes and ensure your deposition is recorded. There are 3 methods used to take a deposition which include:

  • Transcription machine;
  • Video; and
  • Cassette tape.

Before giving your deposition, you will be placed under oath. The defendant’s attorney will ask you questions, which can be objected to by your own attorney if necessary. Once the deposition is finished, it is usually transcribed or typed up for use later in your case.

When your case goes to trial, your deposition can be used by either side of the case as evidence. If a deposition is required for your claim, your Hawaii personal injury attorney can help you prepare and let you know what to expect.