Depositions are often a necessary part of personal injury claims in Nevada. They are formal interviews used to take someone’s statements or testimony about an incident under oath. If you are called in for a deposition as part of a Nevada personal injury case, learn what to expect so that you can adequately prepare.
What Is a Personal Injury Deposition?
In a Las Vegas personal injury case, a deposition is a meeting where a witness (which may include the injured party or the named defendant) is questioned under oath by an attorney.
This is an out-of-court process that may occur as part of the discovery phase of a personal injury trial, during which each side gathers evidence and information. The goal of deposition is to get answers to questions or clarifying information about the incident.
What Happens During a Deposition for a Personal Injury Case?
A deposition is a formal legal process, not an informal meeting. However, it is not as formal as a personal injury trial. Typically, depositions are held in an attorney’s office or neutral conference room.
Those in attendance typically include the person being deposed (called the deponent), their attorney, the opposing attorney (who will be doing the questioning) and a court reporter.
The general steps of a deposition include:
- A notice of deposition is sent out to the opposing party with details such as the time, date and name of the deponent.
- The deponent may work with an attorney to prepare for the deposition.
- At the beginning of the deposition, the court reporter will swear the witness in, meaning the rest of the meeting will be under oath.
- The attorney who requested the deposition will ask the deponent questions. Afterward, other attorneys may engage in cross-examination.
- Unless someone raises an objection, the deponent must answer the questions asked. Breaks can be requested as needed.
Throughout the deposition, the court reporter will prepare a transcript of everything said. This transcript (or a video recording of the deposition) can be used during the personal injury trial, either submitted directly as evidence or used as testimony if the witness is unavailable to appear in court.
Tips for Handling a Personal Injury Deposition in Nevada
A deposition may seem intimidating, but it can be easier if you have the right information starting out. Knowing what to do – and what not to do – can give you more confidence if you get called in to be deposed as the victim of an accident, a defendant or a witness.
While every situation is unique, general deposition tips include:
- Get good sleep and a meal beforehand, as a deposition may take a long time.
- Don’t be afraid to ask for breaks or water, as needed.
- Always tell the truth. Making known false statements during a deposition can come with civil and criminal penalties.
- Take your time to think about each question before answering.
- Keep your answers as concise as possible. Don’t give more information than is requested.
- Don’t hesitate to ask for clarification or a rephrase if you don’t understand a question.
- Try your best to remain calm and neutral, even if the attorney tries to rattle you.
If you are called into a deposition as part of a Nevada personal injury case, it is likely in your best interest to work with an attorney to help you prepare and assist you during a deposition.
A lawyer can give you information about the types of questions that will likely be asked and how to answer them. The deposition process can be long and tiring, but having an attorney can make things easier.