What Is a Deposition?
A deposition is a question-and-answer session that occurs in a formal setting, with answers provided under oath. One side asks questions while a court reporter records the testimony, creating a transcript that may later be used in the case. If you are called into a deposition, your personal injury lawyer can prepare you for likely topics without coaching you to memorize answers.
Who Usually Attends a Deposition?
Under Nevada Rule of Civil Procedure 30, a party may take an oral deposition of another person, including a party to the lawsuit or witnesses. Attendees at the deposition itself typically include the legal representatives of the parties involved in the case, the person answering questions, and a court reporter. The judge is normally not in the room. Even so, you are under oath and must answer truthfully.
What Kinds of Questions Will You Be Asked?
Questions usually focus on facts connected to the lawsuit. In an injury case, the defense may ask about:
- The accident: You may be asked what happened before, during, and after the incident.
- Your injuries: Questions may cover symptoms, treatment, recovery, and physical limits.
- Medical history: Prior injuries or conditions may come up when they relate to the claim.
- Work and income: Lost wages, job duties, and missed work may be discussed.
- Daily life: You may be asked how the injury changed your normal activities.
Your Nevada personal injury attorney can flag which records and subjects are likely to matter before the deposition begins.
Do You Have to Answer Every Question?
You generally must answer proper questions, but objections can be made during the deposition. Objections can be stated on the record, but questioning usually continues unless an instruction not to answer is legally permitted.
Common issues include:
- Privilege: A question may seek protected attorney/client communications.
- Form: The wording may be confusing, compound, or improper.
- Scope: A question may seek information outside permitted discovery.
Your attorney handles objections while you focus on listening carefully and answering only the question asked.
How Should You Prepare for a Deposition?
Preparation should focus on accuracy, not memorization. Review the basic facts of the accident, your treatment history, and important dates so you can answer from your own memory and records.
Do not guess when you do not know or remember something. Your Nevada personal injury lawyer can also help you practice listening to the entire question and asking for clarification when needed.
Can Deposition Testimony Be Used at Trial?
Yes. Nevada Rule of Civil Procedure 32 allows deposition testimony to be used in court in certain situations, including to contradict testimony and under other conditions listed in the rule.
Your transcript may be compared with medical records, written discovery, and later testimony. A Nevada personal injury attorney can explain why clear and accurate answers matter.
How Long Does a Deposition Take?
The length depends on the case. Nevada Rule of Civil Procedure 30 generally limits a deposition to one day of seven hours unless the parties agree otherwise or the court allows more time.
Many personal injury depositions take less time, while cases with several injuries or disputed facts may take longer.
Who Can Help You Prepare for a Nevada Deposition?
We prepare clients by reviewing the case, explaining the process, and identifying the documents and topics likely to come up. Our attorneys also attend the deposition, make appropriate objections, and help protect the record while you answer questions.
A deposition can affect settlement talks and trial strategy, so preparation should begin before the day of testimony. Call Hanratty Law Group at 702-821-1379 or contact us online if you have questions about an upcoming Nevada personal injury deposition.
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I will be forever grateful for finding and retaining Kari as my attorney. She specializes in Family Law and is extremely passionate in working hard for what is right. Kari, along with her team, provided outstanding service. They were easily accessible, always patient and in constant communication with me so I was able to understand exactly what was happening at all times and I never felt lost. In what was an incredibly stressful, emotional, and absolute worst time of my life, Kari gave me hope and was by my side every single step of the way. She and her staff truly work together to produce a quality of legal representation that is second to none! Thank you Hanratty Law!
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