A deposition is an important part of the litigation process. Oftentimes, the deposition is the basis for a settlement of a lawsuit. Depositions are recorded by a certified court reporter on a stenographic machine for transcribing at a later date. Depositions are used for the following purposes:
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A deposition gives an attorney the chance to see how a plaintiff, defendant, or witness will react under extensive examination. Based on a person’s actions during a deposition, the attorney will better understand how credible the witness will come across in the court room.
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The testimony or answers to questions will then be used as a record, being compared to how the deponent answers the same question once on the witness stand. If a witness answers a question differently, he may be impeached. Impeachment means that the witness’s lack of truthfulness will be established and the court may rule out the testimony.
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The deposition process gives the attorneys an opportunity to understand whether the jury will feel favorably toward their legal position.
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Body language expressed by a deponent allows an attorney the chance to “read” the deponent, adding to or subtracting from the deponent’s credibility.
Occasionally, a deposition will be recorded by legal videography as well as through writing. Legal video recordings of a proceeding enable the attorney to coach his client on how to present himself in the court room. This instruction does not entail instructions on how to change one’s testimony, but on how to include pertinent information. More importantly, a legal video recording may be used to show how the party will appear to the jury. For example, slouching in the witness chair sends a bad signal to the jury.
