A deposition is a normal part of the discovery process in many types of cases. Sitting for a deposition can be stressful, but what should you expect after you finish answering questions?
Many deponents -- aka the people who are questioned in a deposition -- feel anxious about the next steps in the legal process following a deposition.
To put your mind 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 like a strange keyboard or speaking into a device called a stenomask. These are devices that allow the court reporter to quickly type or speak 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. The deposition transcript may take a few weeks to produce. Typically, there is a large print version of the written transcript and a small print version because each party’s attorney may prefer a different version.
Parties Review, Revise the Transcript
All parties to a case will receive copies of your deposition via the discovery phase of the case. You, your lawyer, and the other party and their attorney 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 the court reporter misquoted you, speak with your attorney right away. You can submit something called an errata sheet to note anything you feel was misquoted or misspelled. Unfortunately, you cannot change your actual answer if you made a mistake. You should speak to your lawyer about this right away so you can prepare to deal with opposing counsel questioning you at trial when you give a different answer. This is called impeachment and is fair game for a legal team but you can be prepared to explain your side.
Your Lawyer Will Evaluate Your Deposition
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. It may even be an expert witness to help explain a medical treatment or independent medical examination or the analysis of a car accident scene.
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 by opposing counsel, then you will have an opportunity to explain what you meant -- including any inconsistencies or contradictory statements. Unfortunately, you cannot change your actual answer if you made a mistake, but you can try and explain it. This is called impeachment and is fair game for an opposing legal team to use during a trial to show you don’t actually know what happened in regard to your case.
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. That means if you are involved in a subsequent personal injury case the attorney or insurance company involved it that case may find it and use it.
Your Deposition May Lead to Settlement Negotiations
If the answers in your deposition make the opposing party and attorney believe they don’t have a good chance in court, it may lead to a settlement offer and eventually a settlement agreement. This can happen directly between attorneys or parties or through the use of alternative dispute resolution like mediation. It is important to discuss this possibility with your attorney and obtain legal advice so that any agreement is a fair settlement for you and includes things like money to cover your medical bills.
If you've been asked to give a deposition in a pending court case, you'll want an experienced attorney there with you. They can help you prepare for the deposition itself and the steps that come afterwards.
Related Resources:
- Fact-Finding and Discovery (FindLaw’s Learn About the Law)
- Preparing for an Upcoming Deposition (FindLaw’s Learn About the Law)
- 5 Tips If You're Subpoenaed for a Deposition (FindLaw's Law and Daily Life)
