We believe in the power of depositions; that’s why we’ve built a business around helping attorneys legally obtain the depositions they need to win the case.
Today, we thought it might be helpful to give both novices and experts a short refresher on why depositions can breathe life into a case and why these powerful documents are often the difference between winning and losing.
Direct Your Investigation
A deposition takes you beyond a cursory assessment of the other side; it lets you examine their story, their tactics, and their position.
Because the same strict rules regarding hearsay that apply during the trial process do not apply during the deposition process, the information you are able to obtain is less restricted.
With this valuable insight, you can devise your own informed strategy to meet what the other side is planning. And, you can learn what evidence you still need to find to make a solid case.
Getting pre-trial access to the facts and claims surrounding a case can lead to evidence that could help you avoid delays during the trial.
Taking or finding the right deposition may also save you time by providing information that will help you reach a settlement.
Size-Up The Witness
If the first chance you get to speak to the other side’s witness is at trial, you are going in blind to what that witness is capable of.
Researching the person’s online footprint can give you a good idea of who they are, but it might not tell you if they’re overconfident, shy, often try to change the subject, try to charm their way out of things, or if they are likely to try to deceive you.
Taking a deposition gives you the chance to better understand the witness and design the best questions to ask them in court.
Catch Changes in the Story
Once a witness has given a deposition, they are locked into a final version of events. If the story changes when the trial begins, it could be used to impeach that witness.
It’s clear that there are a lot of reasons to take advantage of depositions. Let us know why you love using depositions as part of your trial strategy.
You can tweet us @expertdepos and/or use the hashtag #expertdepostech
P.S. it’s important to recognize that not all depositions are equal. If you want to ensure that your depositions are top quality, come back next month to get our tips!