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What happens at a deposition?

January 15, 2010

If you file a Texas personal injury lawsuit, the defendant’s lawyer will likely “depose” you. A deposition is the process by which the defendant’s lawyer asks you questions about the accident in order to gather facts about the case.

Before the questioning begins, you will be put under oath whereby you will swear to tell the truth in answering the questions. Your answers to the questions will be recorded by a court reporter. Sometimes depositions are recorded on an audio tape or by a video recorder.

If your Texas personal injury lawsuit goes to trial, the testimony you give in court will be compared to the answers you gave during your deposition. If there are any inconsistencies or discrepancies between the two, the defendant’s lawyer will ask you about them.

Depositions are a form of discovery. Discovery is a legal term that encompasses all of the various ways that lawyers gather facts and evidence in preparation for a lawsuit.

You have the right to have your lawyer present at the deposition. Your lawyer will be there to ensure that your best interests are represented and will spend time preparing you for the questions you can expect to be asked.

Your lawyer also has the right to object to questions that are improper, misleading, irrelevant or vague. The defendant cannot use the deposition process to harass you, and your lawyer will make sure that this does not happen.

Hiring an experienced Texas personal injury lawyer is the best way to ensure that your rights are protected during a deposition.

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