A deposition is an oral statement that relevant parties (e.g., witnesses, defendants, and plaintiffs) make while they are under oath. This proceeding, which occurs during the discovery process, allows involved parties to find out what witnesses know and to preserve their testimony. During depositions, deposed parties can provide both positive and damaging testimony. Parties need to know all of the information — good and bad — so there are no surprises at trial.
Depositions are similar to interrogatories, which are written statements.
What You Can Expect During a Deposition
The idea of a deposition can scare people, but a lawyer will help prepare you and ensure you know what to expect.
Where Depositions Occur
Though it is a legal proceeding, it does not occur in a courtroom. Often, it is held in an office at one of the involved attorney’s firms. Depositions are more casual than testifying in a court of law.
What Happens at a Deposition
At depositions, attorneys ask witnesses questions related to the facts of their case. Every question and answer is done under oath and recorded by a court reporter, so the transcript can be referred to when needed. The deposed witness does not get to ask questions.
Depending on the case, depositions can take hours. The deposed witness can ask to take breaks if questioning has been going on for too long or if the subject matter is troubling.
Parties That Can Sit in on a Deposition
The attorneys of any deposed witnesses and any other parties involved in the case can be present during depositions. In some nursing home abuse and neglect cases, this means the abuser may be present during the deposition. An attorney will prepare you if this is the case in your deposition.
If a witness provides statements at trial that differ from the ones given at a deposition, the transcript can be used to prove the person’s testimony changed.
Parties That Might Be Deposed
In a nursing home abuse or neglect case, it is vital to depose employees who cared for the abused or neglect resident. They should be able to testify about their regular interactions with residents.
Also, the nursing home director and administrator are important witnesses to depose. They can provide testimony about staffing, safety precautions, and hiring practices, all of which may have led to a nursing home resident’s injuries.
Get a Nursing Home Abuse or Neglect Case Consultation: 1-800-516-4783
Nursing homes and their staff do not always give residents the care they deserve. If your loved one was the victim or nursing home abuse or neglect, you can seek justice and hold the nursing home accountable.
A nursing home abuse lawyer can help prepare you and your loved one for all aspects of an abuse or neglect case, including depositions. Call 1-800-516-4783 to get help with your nursing home abuse case today.
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