Personal Injury Attorneys in Maryland: What Happens at a Deposition?April 11, 2013
If you bring a personal injury lawsuit, chances are the defendant’s attorney wants to take your deposition. But what exactly does that involve? Below is some information to take the mystery out of the depositions.
Depositions are part of the discovery process. It is just one way that attorneys can find out more about your case. Under Maryland law, any party to a lawsuit can take the deposition of any person, regardless of whether the person is a party to the lawsuit, for discovery purposes or for use as evidence.
If the defendant’s attorney wants to take your deposition, a notice is sent to your attorney requesting to depose you. The notice sets forth the time, date and place for the deposition. The notice must be sent at least ten days before the chosen date. The deposition usually takes place at your attorney’s office.
The most important person at the deposition is the court reporter. The court reporter takes down everything that is said by everyone during the deposition. Because the court reporter can record only words, you should avoid nods and shrugs. The court reporter places you under oath, asking you to swear to tell the truth.
You are not be alone during your deposition. Your attorney is at your side the entire time. The defendant’s attorney asks you questions about you, your life, and your version of the events of the case. Be sure to answer only the question asked of you — your attorney should coach you before the deposition to help you understand how to appropriately answer questions. While this is your time to explain what happened in your car accident or other incident, volunteering additional information sometimes can lead to misunderstandings that can be detrimental to your case.
If you do not understand a question, be sure to speak up and request the defendant’s attorney to explain. Answering a question that you do not understand could possibly hurt your case. You can also contact the experienced personal injury attorneys in Maryland at LeViness, Tolzman & Hamilton, P.A. for more information and legal advice on how to proceed with your case.