Deposition is one of the typical stages of the discovery in civil procedure as well as a significant phase of the trial preparation. It involves examination in chief, cross examination, reexamination of parties or witnesses under oath before a court reporter. There are four main types of depositions:
1. Fact Witness Deposition: This is the most common type deposition because it is often preferred by parties who are involved in a legal dispute. A fact witness deposition is where one gets an opportunity to interrogate a person who has actual information concerning the matters in controversy in a lawsuit. The respective attorneys of both parties have the chance to cross-examine the witness and the latter’s statement is taken by a court reporter. Fact witnesses are those who have first-hand and personal knowledge of an event or activity; for instance, accident eye-witnesses or organizational employees with knowledge about company practices.
2. Expert Witness Deposition: This involves removing an expert witness hired and paid by any of the parties in the case to offer to the court his/her expert opinion or analysis that will play a role in the trial. For instance, an accident Reconstructionist as an employee wit ness in a car accident case or an accountant as a fact witness in a money damages case. The other side’s attorney will try to ask questions to the expert to find out more about their background, as well as the opinions they have offered to the case, the grounds on which the expert based his/her opinions and if the expert took into consideration other facts or views.
3. Party Deposition: This is when either of the parties in the law suit gives evidence in writing and under oath on any of the factual controversies at hand. For example, the plaintiff or defendant in a breach of contract case would probably be deposed attempting to get further data about the circumstances under which they are involved and to freeze them into that posture.
4. Deposition to Replace Live Testimony (Rule 30(b)(6) Deposition): Rule 30(b)(6) under the discovery rules requires an organization or a company or government agency that is a party to the case to depose an officer, employee or an agent to speak on behalf of the company. This testimony is one that will be let in at trial. The designated person must be able to depose regarding information that is reasonably ascertainable by the organization concerning the matters in controversy.
Concisely, depositions facilitate the accumulation of testimonies and pieces of evidence by attorneys involved in civil cases prior to trial. Some of the most common types of deposition are the fact witness, expert witness, party, and company representative deposition. Adhering to the legal procedure which is provided under civil procedure for taking depositions is important to ensure that useful information is gathered in an efficient manner.