What is the next step after deposition

Nov 14 2018 | posted by LORR Team

Knowing what happens after a deposition has been taken into your case is an essential part of keeping tabs on a lawsuit. After the suit is filed, attorneys on either side will call in witnesses who may have information regarding the case.

Those witnesses will then provide either a verbal or written deposition, sharing their knowledge of the person/charges in question, as well as answering any queries posed by the attorney.

Once an attorney has taken depositions, there are a few more steps before the case proceeds to court:

1. Discovery continues. Depositions often reveal further details or witnesses in a case. Because of this, attorneys often need to do further investigation, follow up on new facts, and depose additional witnesses.
2. Potential settlement. Once both attorneys have their cases built, there will likely be an attempt on at least one side to settle the suit out of court. The attorneys may negotiate back and forth until an agreement is reached.
3. Trial prep. If a settlement can’t be reached, the attorneys will prepare for trial. This might include preparing witnesses previously deposed to testify in court or if a witness will be unable to attend the court date, capturing their testimony on video to show jurors.
4. Court. Finally, the case will go to trial, and all parties — including deposed witnesses — will need to be present for the court date.

Witnesses who have been deposed should stay in contact with the attorney who took their deposition. It’s important that they make any attempt necessary to be present in court, should the need arise. They also may need to accommodate additional interviews or video depositions if asked.

Need Help Capturing a Video Deposition?

LORR’s legal videography experts can help you capture depositions to use during discovery, as part of trial prep, or in court. Contact us today to learn more.

A deposition can be a stressful process, but what happens afterwards?

Many deponents -- aka the people who are questioned in a deposition -- feel anxious about the next legal steps following a deposition.

To put your minds a bit more at ease, here are a few things that commonly take place after a deposition concludes:

A Transcript Is Prepared

During your deposition, you may have noticed the court reporter diligently typing away at something that looked similar to a QWERTY keyboard. This was actually a stenography device that allows the court reporter to quickly type everything that was said in a deposition in a form of shorthand. After the deposition, the court reporter then takes the pages of shorthand and transcribes them into English. This transcript may take a few weeks to produce.

Parties Review, Revise the Transcript

All parties to a case will then eventually receive copies of your deposition via discovery. You, your lawyer, and the other parties will have time to review the transcript for any mistakes or inconsistencies -- either in the transcript or in what you testified to. If, upon reviewing your transcript, you believe you've misstated something or the court reporter misquoted you, speak with your attorney.

Your Lawyer Will Evaluate Your Depo

Lawyers spend many hours poring over the details of depositions; they even have special software which makes deposition review easier.

After reviewing your deposition, your attorney will give you an evaluation of how your deposition might affect your case. Don't be offended or put off by this assessment: It isn't personal, it's one of the reasons you hired your attorney in the first place. He or she may want to depose other people to fill in any gaps in your deposition.

Your Deposition Can Be Used in Court

Your deposition may be used in court pleadings as a factual basis for certain allegations. It may also be used during a trial in order to impeach a witness or contradict his or her testimony.

Since depositions are offered under oath, they may be used as evidence at trial more than other out-of-court statements. If you are confronted with a disagreeable statement from your own deposition, then you will have an opportunity to explain what you meant -- including any inconsistencies or contradictory statements.

One final point to keep in mind: When a deposition becomes part of a public court record, it may be accessible well after your case is over. Just ask Paula Deen.

If you've been injured and asked to give a deposition, you'll want an experienced injury attorney there with you.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Involved in Litigation: Your Deposition Quiz (FindLaw)
• 5 Tips If You're Subpoenaed for a Deposition (FindLaw's Law and Daily Life)
• Lil Wayne's Deposition: An All-Timer for Any Attorney (FindLaw's Strategist)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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