Everyone is interested in what you have to say when you file a lawsuit due to personal injury. Nonetheless, it can be difficult to take on the role of plaintiff in a personal injury case. During the course of litigation, not only will you be on tenterhooks waiting for a resolution, but you will also have responsibilities. It’s likely that this includes being deposed.
Depositions in Texas are governed by Rule 199 of the Texas Rules of Civil Procedure. There isn’t much guidance available when you’re the one fielding the inquiries. Click here to take legal advice from certified lawyers!
PRINCIPLES OF MAKING A DEPOSIT
First, let’s cover the fundamentals of depositions before diving into how to prepare for one.
WHAT IS A CHECK GUARANTEE?
A deposition is a testimony taken by phone or person before a trial. Taking depositions is part of the discovery process, which also involves communication between the attorneys for both sides and the acquisition of new evidence in anticipation of trial. Depositions can occur prior to the filing of a lawsuit under exceptional circumstances.
The DEPOSITORY ATTENDANCE IS WHO?
In Texas, only certain individuals are permitted to attend a deposition. Attendees at a deposition are limited to the following:
- Whoever is doing the deposing (witness who is testifying)
- Members of the litigation parties
- Spouses of those involved in the legal action
- Counsel from both sides
- Those working for the attorneys (like law clerks or paralegals)
- Law enforcement official taking a statement
- Both parties must inform the other’s attorney and name any additional witnesses they wish to have present.
WHEN DO DEPOSITS EXPIRE?
There may be as much as six hours of questioning during a deposition. Deposition breaks are included in the allotted time and do not count against the six-hour maximum.
THE REASON FOR PAYMENTS
The taking of depositions is a crucial aspect of every personal injury lawsuit. Depositions are taken to:
Get fresh evidence from the testimonies of witnesses.
Statements should be taken under oath to prevent the deponent from changing their account later.
- Get rid of or cast doubt on a witness’s or the other side’s testimony
- Before going to trial, practicing asking witnesses is a good idea.
- The defendant should be pressured into settling by the disclosure of damaging evidence.
- It would be considerably tougher for attorneys to prepare for trial without the use of depositions. Settlements in personal injury cases are more likely to be equitable when depositions are taken.
