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What is the importance of depositions?

Building a compelling legal case involves addressing several elements. A flaw in any one of these areas can jeopardize a claim. For this reason, someone pursuing a case, particularly a personal injury one, needs to take a holistic approach toward their claims. One way to ensure that your legal arguments are fully prepared before litigation, is by taking depositions of key witnesses.

The deposition is a crucial part of the discovery process, which is the process through which you discover which information is held by the other side. A deposition itself is a recorded questioning of a witness by both sides. At its core, a deposition is similar to trial testimony. Witnesses are subjected to questioning on direct and cross examination, and objections can be made. However, witnesses are required to answer questions despite any objections that are made. However, if information that was subject to an objection is presented at trial, then a judge will ultimately determine whether that information is admissible.

A deposition can provide several advantages. First, it allows you to obtain a fuller and deeper understanding of the case. You can often walk away from a deposition with more information than you had going in, which is powerful when trying to build a case. It can also prevent surprises during trial. Since depositions are sworn testimony, you can build your trial arguments based on the testimony received during a deposition. This, in a sense, locks a witness into his or her testimony. If he or she tries to deviate from that testimony during trial, then the deposition's record can be used to discredit the witness's in-court testimony.

Depositions, though preliminary in nature, can have considerable consequences on the ultimate matter at hand. Therefore, those who have been injured in a car accident and are considering pursuing a personal injury claim in hopes of recovering compensation need to carefully consider whether they want to take depositions before moving forward with their claim. An attorney skilled in this area of the law may prove beneficial to those who want a legal advocate on their side.

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