Preparing for and Giving a Deposition in Oregon

Posted on March 16, 2021 in Portland Personal Injury Lawyer

If you or somebody you love has been injured due to the actions of another individual, business, or entity in the state of Oregon, you will likely be entitled to various types of compensation for your losses. However, securing this compensation can be difficult, particularly when dealing with aggressive insurance carriers or at-fault parties. If a personal injury lawsuit becomes necessary, participants may be required to give a deposition. Here, we want to discuss the preparation process for depositions as well as what happens during an actual deposition.

What is a Deposition?

After a Portland personal injury lawsuit has been filed, the “discovery phase” of the trial will begin. This is the part of the process where attorneys for both the defendant and the plaintiff have a chance to exchange information with one another and ask questions of one another. Sometimes, one side will request that witnesses sit for depositions.

Depositions are when a witness in a personal injury case will sit with attorneys for both sides and answer questions pertaining to the case under oath. A deposition will be recorded, and anything said during the deposition can be used at an eventual trial.

Prepping for a Deposition in Oregon

Preparing for a deposition is crucial. Under no circumstances should any person who is asked to give a deposition go into the process without working with an attorney who will have thoroughly prepared them for what will happen. Often, an attorney will set up a “mock deposition” with the person who will be receiving questions.

An attorney can review all of the records related to the case and come up with all of the possible questions that the opposing side will ask. In prepping for a deposition, it is important to understand that the person giving the deposition should make sure that they are well-groomed and dressed appropriately, similarly to the way they would dress and look going into court.

What Happens During a Deposition in Oregon

Depositions can seem intimidating, and they will consist of a series of questions asked by the opposing counsel. No person should ever give it a position without their attorney present. An attorney will be able to help guide them through any stressful questions and be able to object to any line of questioning they do not agree with. It is almost a certainty that the opposing counsel will ask questions that get the person giving the deposition flustered or angry, but it is best to avoid any displays of frustration.

Depositions are given under oath, and it is best to only answer questions that are asked and not give any additional information that is not asked. No person should ever try to “guess” an answer that they are not completely sure of. It is perfectly okay to say “I do not know” or “I do not remember.”

After the Deposition is Over

A court reporter will be present during the deposition. They will be recording everything that is said during the process, and they will prepare a transcript for both sides to review after the deposition is over. Attorneys for both parties will review the transcript for any inconsistencies or mistakes. An attorney will work with the person who gave the deposition to evaluate their answers and help determine how they will affect the case moving forward.