Because most injury and accident cases end with a settlement rather than a trial, the deposition can have a significant effect on the process of negotiations.
Jackson, MS – A deposition is like an interview taken under oath in an office for an active lawsuit. This is done to get more information out of an important party who may testify at trial and reveal significant facts that can affect the outcome of a case. The entire conversation is also recorded by a court reporter so that written copies are available at a later time for both sides to the litigation. Anyone who has more questions about a deposition can get advice from their attorney.
Accident cases and depositions
A car accident lawsuit can hinge on many important details and facts. A witness can be asked about road conditions, traffic lights, stop signs, the positions of vehicles, the behaviors of drivers involved, the weather, the time of day, and other important details. Answers to these types of questions can make it more or less likely that the defendant was at fault, or that the plaintiff contributed to their own injuries through their own negligence during the accident.
Depositions should be taken seriously
The appearance at the deposition is compelled by a subpoena and the witness swears to tell the truth under oath. This means that the statements can also be used for the purposes of impeachment at trial at a later time. If there is an inconsistent statement in the deposition versus what is said during the trial, the attorney who is questioning the witness can read the prior inconsistent statement to undermine their credibility. This is allowed under the rules of evidence, even though the deposition itself cannot be submitted as evidence during trial.
Procedures for a deposition
Usually one side to a case asks for a deposition just to clarify what a witness knows and get more information. Mississippi law requires that this is done in the county where the person resides or another convenient venue. A judge will need to approve the request and order to have the deposition taken before the witness is issued a subpoena.
Because most injury and accident cases end with a settlement rather than a trial, the deposition can have a significant effect on the process of negotiations. Once the attorneys for both sides have a complete understanding of the witnesses’ testimony, this may move the case much closer to some kind of closure, and the lawsuit may become much stronger or weaker for one side.
Accident lawyers in Mississippi
There are attorneys who are dedicated to helping local clients who have been injured in accidents. Williams Newman Williams is an experienced group of attorneys who deal with the process to get compensation.