FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

A Witness’s Guide to a Deposition or Pre-Trial Testimony

What is a Deposition?

A deposition or pre-trial testimony, also known as an examination before a trial or pre-trial discovery is a procedure necessitated by federal law, to collect an oral or written statement of a witness under oath. A deposition takes place outside the courtroom, in the absence of a judge, and at an attorney’s office. The deposition is considered to be the most valuable tool in an attorney’s armory.

A witness or a deponent or a testifier is one who sees an event and provides evidence orally or in writing. This deposition could be a voluntary effort from the witness or it could be under compulsion. The primary objective of a deposition or pre-trial testimony is to establish the knowledge of the witness with regards to an event and secure that knowledge and/or information as a testimony for trial. A deposition helps all parties in the lawsuit to take cognizance of all facts ahead of the trial. It is also used to verify another witness’s testimony.


Civil & Criminal Depositions

There are different kinds of depositions. Federal rules govern the conduct of a civil deposition. The Federal Rules of Civil Procedure, Title V. Disclosures and Discovery,  Rules 26, 27, 28, 29, 30, 31, and 32, and sub-sections thereof, govern, and regulate the conduct and procedures of a civil deposition.

Federal Rules of Criminal Procedure, Rule 15 governs a criminal deposition, and may be taken if a witness cannot be present at the trial. Rules governing a criminal deposition vary and require the consent of the defendant.

A subpoena will be served on the witness if the individual refuses to depose, or if the individual is not a party to the lawsuit. Otherwise it is customary to issue a legal notice to the witness’s attorney. The witness can have his or her attorneys present during the deposition or a pre-trial testimony. The deposition proceedings are usually audio and/or video-taped and recorded verbatim by a court reporter so that the cognitive content of the testimony is preserved for the trial.

Examinations

In case of a civil deposition, the witness needs to appear to depose at a given time and place. The court reporter administers the oath to the witness and this notifies the commencement of the deposition. The witness is never coerced to submit information. During the deposition process, the opposing attorney has reasonable legal ambit to question the witness in order to discover “admissible evidence”. Attorneys examine the witness directly followed by repetitive processes such as re-direct and re-cross and they form objections to regulate the manner in which the witness can be questioned.

Such deposition or “cross-examination” may be lengthy, lasting hours. The Federal Rule for Civil Procedure 30[d][1] stipulates the maximum time duration of seven hours for deposition per deponent per day.

Perjury

During the deposition or pre-trial testimony, the witness needs to answer the questions carefully as it leads to complications if testified differently during the trial. Lying under oath can invoke federal charges of perjury against the witness. Written depositions are notarized as sworn statements of “truth and nothing but truth”.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader