As a plaintiff, you must participate in a deposition conducted by opposing counsel. If you are married, it’s common to plan on being present at your spouse’s deposition, which is often scheduled for the same day as yours. Beyond this, you might not consider attending other depositions related to your case. Many attorneys may not suggest your attendance at other depositions — but perhaps they should reconsider. As a named party in the lawsuit, you have the legal right to be present at any deposition within your case. The rules regarding the sequestration of witnesses, designed to prevent witnesses from influencing each other’s testimonies, do not restrict your attendance. So, what might be the benefits of attending other depositions, and who should you prioritize?
The Value of Attending Other Witnesses’ Depositions
Depositions can often seem tedious and time-consuming, even for those directly involved, such as attorneys and witnesses. This can be especially true for a passive observer like yourself. Attending might require taking time off work since depositions are typically scheduled during regular business hours. You won’t have the opportunity to speak during the deposition, but you can assist your attorney by taking notes for later discussion or during breaks. So, why consider attending?
Your presence at certain depositions could potentially influence the testimony to benefit your case. WIt’sitnesses tend to be more truthful or stick to their previous statements when the person they are discussing is in the same room. It becomes challenging to misrepresent facts or actions when faced directly with the individual involved. So, which witnesses might your presence most affect?
Attending the Defendant’s Deposition
If your injury resulted from the precise actions of another individual, such as in a car accident, attending their deposition could be beneficial. Facing the person they have wronged, a defendant may find it challenging to provide false testimony or speculate on facts, knowing they know the truth. While you cannot directly challenge false statements during the deposition, the mere possibility of confrontation may encourage more honest testimony.
In cases involving a property owner or business, such as slip-and-fall accidents, your attendance may only be impactful if the deposed individual witnessed your accident and you anticipate they might contradict your version of events. The most effective pressure comes from the witness knowing that you know the actual circumstances. If you are unaware of how a hazard came to be, a defendant might freely speculate to minimize their liability.
Being polite and not disruptive is crucial when attending a defendant’s deposition. Your role is to silently influence the proceedings, not to provoke the defendant into withholding information, which could hinder your attorney’s ability to uncover the truth.
Deposition FAQs
Should I Attend Doctors’ Depositions?
Generally, your presence is unlikely to sway the testimony of your treating physicians. However, if you’ve noticed discrepancies between your doctor’s supportive demeanor in person and their written records, attending their deposition could be insightful. This scenario allows your attorney to question the doctor directly about specific statements made during your treatment, promoting consistency in their testimony.
Your attendance at depositions of non-treating physicians or the defendant’s expert witnesses is usually unnecessary. These individuals are accustomed to providing testimony and are unlikely to be influenced by your presence.
What About Other Witnesses?
Deciding whether to attend other witnesses’ depositions requires judgment. Consider whether an employer or a family member might significantly alter their testimony in your presence if it could impact your case negatively. If in doubt, it may be wise to attend.
What if my lawyer advises against attending other Deposits?
It’s essential not to disregard your attorney’s advice, as they comprehensively understand your case. However, seeking clarification on their reasoning can be beneficial. If their explanations seem unfounded, requesting further justification is reasonable. Remember, unless attending could detrimentally affect your case, there’s little to lose by being present.
Another advantage of attending depositions is ensuring your lawyer’s preparation. No attorney wants to appear unprepared in front of their client.
What is a deposition?
A deposition is a formal process where witnesses provide sworn testimony outside court. Attorneys from both sides question the witness, who is under oath. The testimony can be used during a trial.
Can attending a deposition negatively impact my case?
In most situations, your presence at a deposition is unlikely to impact you negatively. However, there may be strategic reasons your attorney advises against it, such as avoiding giving the opposing counsel additional opportunities to observe and interact with you before trial.
How can I prepare for attending a deposition?
Preparing to attend a deposition involves discussing what to expect, how to behave, and the significance of your presence with your attorney. Taking notes and observing without interrupting are critical aspects of being a helpful observer.
What should I do if I disagree with my attorney’s advice about attending a deposition?
If you disagree with your attorney’s advice, you should have an honest conversation about your concerns, which is essential. Understanding the strategic reasoning behind their advice can help clarify the situation.
Can I speak or participate during a deposition?
You cannot speak or participate directly in the deposition as an observer. Your role is to listen, take notes, and discuss observations with your attorney during breaks or after the deposition.
Is it necessary to attend every deposition in my case?
While you have the right to attend all depositions in your case, it may not be necessary or practical to participate in every one. Discuss which depositions might benefit you most from attending with your attorney.
How does my presence at a deposition influence the testimony?
Your presence can subtly influence witnesses to be more truthful or consistent with their statements, especially if they know you know the facts. It can also discourage them from presenting speculative or false testimony.
What are the rules regarding the sequestration of witnesses?
The sequestration rules prevent witnesses from hearing each other’s testimony and potentially influencing their own. However, as a party to the lawsuit, these rules do not apply to you, and you can attend any deposition.
Can attending a deposition help my lawyer prepare better?
Knowing that you will be present can motivate your lawyer to be thoroughly prepared for the deposition, as they will want to demonstrate their competence and diligence in front of their client.
How can attending depositions benefit my personal injury case?
Attending depositions can provide firsthand knowledge of the testimony and evidence presented, allowing you to understand your case’s strengths and weaknesses better. It also ensures that witnesses know your interest and involvement in the proceedings.