Depositions are a tool used in the civil litigation process. Georgia attorneys conduct discovery during a personal injury lawsuit to gather additional information and evidence. Depositions help prepare cases for trial. Attorneys may also use information gathered during depositions to strengthen their negotiating position.
What Is a Deposition in a Georgia Personal Injury Case?
Depositions are sworn testimony that occurs outside of a courtroom. A court reporter administers the oath to the person being deposed and records the deposition. The court reporter transcribes the deposition word-for-word for the official record.
Generally, the deponent (the person giving the testimony), the attorneys in the case, and the court reporter are present for the deposition. The injured party and the party being sued may also be present during personal injury depositions.
Depositions in personal injury cases can preserve testimony and evaluate the credibility of witnesses. If a witness changes their testimony in court, an attorney can use a deposition to impeach the witness and attack their credibility.
An attorney may also use the information gained during a deposition to support settlements, pursue other lines of evidence, and prepare for trial. In some situations, testimony at a deposition may be used during a trial if the witness is unavailable.
Georgia Laws Governing Depositions
The Official Code of Georgia Annotated §9-11-30 governs depositions by oral examination. After a personal lawsuit is filed, the parties may take depositions of any person who may have information related to the case. Parties must obtain court approval to take a deposition within 30 days of serving the summons and complaint on the defendant. Exceptions are made for parties who are about to leave the country, the county in which the action is pending, or more than 150 miles from the place of trial.
Generally, a party desiring to take a deposition must give reasonable notice in writing to the other parties involved in the action. If a witness refuses to appear for a deposition, they can be compelled to attend and provide testimony by a subpoena. A witness may also be compelled by subpoena to produce documents or other items.
The law requires depositions to be recorded by stenographic means (i.e., court reporter). A court reporter may also use sound and/or visual means in addition to stenographic means to record the deposition. Examination and cross-examination by the attorneys proceed as permitted at a trial.
If an attorney objects to something during the deposition, the court reporter notes the objection, and the testimony is taken subject to the objections. A judge will decide whether to sustain or overrule the objection later.
Depositions in Personal Injury Cases in Georgia
Depositions play a pivotal role in personal injury lawsuits for several reasons.
A deposition in a personal injury case allows the parties to:
- Assess the consistency and credibility of witnesses before going to trial
- Gather information related to the personal injury claim, including details of the accident, the injuries sustained by the victim, and the economic and non-economic damages incurred
- Ask questions about causation, liability, and contributory fault
- Obtain information to support claims of negligence, intentional torts, and other wrongdoing
- Identify weaknesses and strengths in the other party’s arguments
- Evaluate whether a settlement is fair and in the party’s best interest, or whether it is best to take the case to trial
Various individuals may be deposed in a personal injury case, including the parties to the case. The parties include the plaintiff, who is the person suing someone for injuries and damages, as well as the defendant. Eyewitnesses, medical professionals, experts, and other parties may be deposed.
What Happens During a Deposition: Tips for Preparing for a Personal Injury Deposition in Georgia
After all parties arrive, the attorney requesting the deposition introduces themselves to the person being deposed. The court reporter administers the oath to the person, placing them under penalty of perjury to tell the truth. The court reporter records everything, including administering the oath. Generally, the parties present state their names and roles in the case for the record.
The attorney who scheduled the deposition begins asking the witness questions. The witness must answer the questions truthfully.
Tips for giving a deposition in a personal injury case include:
- Listen carefully to the question being asked. Only answer the question asked instead of elaborating on other information.
- Ask the attorney to clarify a question if you do not understand the information requested.
- Remain calm and professional throughout the deposition. Becoming irate or defensive can result in misstatements.
- Avoid guessing or estimating. State “I don’t know” if you are unsure of the answer to a question.
- If a question refers to a document, ask to review the document before answering the question.
- Dress professionally, such as business casual attire. Bring a sweater or jacket in case the room temperature is cold.
- Pause before answering questions to consider the question and your response.
- Be mindful of your body language – sitting up straight and making eye contact projects confidence.
- Use causation when stating absolutes, such as “always” and “never.” Instead, it is better to say, “to the best of my memory.”
- Do not offer information that was not requested.
- Ask for a break if you need something to drink, use the restroom, or need to compose yourself.
Before a deposition, meet with your attorney to prepare for your testimony. Your attorney cannot tell you how to answer questions, but they will offer additional tips and discuss strategies for handling challenging questions.
Contact The King Firm Car Accident and Personal Injury Lawyers for a Free Consultation
Injured victims and their families benefit from having sound legal counsel as they pursue the civil litigation process for damages. The King Firm Car Accident and Personal Injury Lawyers assists clients in navigating pretrial proceedings, including depositions.
Contact our office at (229) 386-1376 for a free consultation with a Tifton personal injury lawyer. We are here to help victims and their families seek the compensation they deserve after an accident or personal injury.
