If you are a plaintiff in a personal injury lawsuit, chances are you will have to give a deposition. Depositions happen during the discovery phase of the case. During discovery, the parties to the lawsuit request and gather information from each other. One way that information is gathered is by deposition.
A deposition is usually held at a court reporter’s office. The plaintiff’s lawyer is present and so is the defendant’s lawyer. The defendant’s lawyer is allowed to ask the Plaintiff (or other witness) questions related to the case, and the Plaintiff must answer truthfully while under oath. The Plaintiff’s answers are recorded and transcribed by the court reporter.
How many depositions do you have to give if you sue more than one person? The general rule is that a plaintiff is only required to give one deposition. The same rule applies if there is one defendant or five.
When your lawyer schedules your deposition, he or she will coordinate with each defendant. You only have to appear for one deposition. But, each defendant (or his or her attorney) can question you that day. That means you only have to appear one time, but you may have to answer questions from more than one attorney.
Your attorney will be with you at the deposition. He or she can object if one attorney asks questions that you have already answered.
Following graduation from Cumberland School of Law at Samford University, Eric Stevenson held a number of positions including Assistant State Attorney in the First Judicial Circuit of Florida. Eric has been practicing with partner Christopher Klotz since 2015 litigating personal injury and car accidents in Alabama and Florida.