Your appearance at a deposition can be an overwhelming experience. This is especially true if you have never appeared at a deposition. So what is a deposition? Why is it necessary? A deposition is a part of the discovery process authorized under Article 31 of the New York Rules of Civil Practice. It provides a litigant with the opportunity to ask questions under oath to a party involved in the lawsuit. In certain situations, a deposition may also be noticed for a non-party witness who has personal knowledge of the claims or facts subject to the New York lawsuit. At the deposition, the attorney taking the deposition will ask you a series of questions concerning the incident or subject matter at issue. The deposition testimony will be transcribed by a court reporter and your answers will be made part of a record. This transcription will later be used for factual purposes during motion practice or even at trial. When appearing for a deposition it is important to listen to the question fully before answering. When answering a question you want to speak in a loud clear voice so that the court reporter can listen to everything you are saying and accurately transcribe your words. Shrugs of the head or nonverbal responses are discouraged since the court reporter will be unable to capture such testimony. Remember, when appearing at a deposition, you should always tell the truth, understand the question, and take your time and answer in your own words. Never answer a question if you do not know the answer. If you have been noticed for a deposition, as a non-party witness, or are seeking a New York trial attorney for the handling of a lawsuit please contact the attorneys at Bashian & Papantoniou.
