Things You Need to Know About a Written Deposition
To prepare for a written deposition, you want to make sure you have great organizational skills and do things accurately. Make sure you discover the facts and evidence to develop a good case. Here are some things you need to know about a written deposition.
What Is a Deposition?
Before you get started writing one, you should know the ins and outs of a deposition. It may be wise to get depo summary examples.
A deposition is a pretrial investigation to discover facts about the case. You’ll get evidence from all parties, and sometimes this leads to a settlement. As a result, you can avoid a trial.
The discovery process consists of these formats:
- Subpoena for a specific document
- Deposition
- Written questionnaire
Depositions are done from a living person and under oath.
Learning About Deposition on Written Questions (DWQ)
There are only a few people who can take a DWQ:
- A court reporter
- A notary public
- Judge or clerk of a county court
- Clerk of a district court
Also, there’s a process that goes along with DWQ. You have to get an official notice for a DWQ. You need the name of the deponent and the place and date of the DWQ.
When it comes to the timing of a deposition, remember it can last up to 8 hours (depending on the state). The lawyer may ask for another day if it goes overtime.
The purpose of a deposition is to learn the facts from the witness and preserve them as testimony. It helps each side get on equal footing because there are no surprises.
What to Ask?
Before you begin asking questions, you can request accounting records, medical reports, and employment history. Also, a DWQ allows the deponent to respond to any questions in 30 days. It’s not like doing one in person.
Some of the more common questions asked in this process include:
- Have you ever been arrested?
- Have you ever testified in court?
- Was anyone else present when you met with your attorney?
- How did you find your doctor or therapist?
The length of the deposition depends on the seriousness of the case as well. Make sure you have specific questions to ask in the formal investigation to help move things along and write a better deposition to back up your case in court.
Knowing more about the process helps you and your client save time and money.
