A deposition is a way for attorneys to question witnesses in a civil lawsuit in a setting outside of the courtroom. The type of questions that are asked are dependent upon the type of case that is pending.Know More
When involved in a deposition, the attorneys prepare a list of questions to ask the witness. The witness is sworn to tell the truth and a stenographer is on hand to record the deposition. The responses are treated in the same manner as if they were given in a courtroom before a presiding judge.
Some common questions that an attorney may ask a potential witness are things like the witnesses name, address, age and occupation. The attorney may also ask where they were born and how much education they received. Once the basic personal information is confirmed, attorneys start to get into the root of the case by asking specific questions about what the witness saw, how they may know other parties involved in the civil case, and what the witness may have said to other witnesses.
In cases where an attorney is deposing the actual party of a lawsuit, that individual may be asked to bring documentation to the deposition that may or may not prove their position in the lawsuit. The overall goal of a deposition is to determine how much a potential witness knows about a case and what evidence they may have that would be beneficial if the case makes it to trial.Learn more about Law
The first step in filing a civil lawsuit is determining where to file the case, states Nolo. Once the proper jurisdiction is identified, the plaintiff files a complaint with the court and serves a copy of the complaint on the defendant, according to the Administrative Office of the U.S. Courts.Full Answer >
A party in a civil lawsuit voluntarily may file a motion to dismiss the civil suit as long as there has not been a motion for summary judgement denied or heard by the court. It also may be filed if the case has not been submitted to a fact finder.Full Answer >
A civil lawsuit is any court case that is not a criminal case, according to MassLegalHelp.org, and the most common forms of civil suits include libel, slander, personal injury and breach of contract. It is possible to resolve a large portion of civil suits without going to trial.Full Answer >
Failure to appear at a deposition may result in a court order to testify, states LegalMatch. A deposition is testimony given outside the courtroom, and a deposition subpoena is issued to a non-party to testify and/or produce documents.Full Answer >