In the city of San Luis Obispo, depositions may be taken in a personal injury case during the discovery process in the pre-trial. Depositions are used to gain information and evidence and follow a specific process.
When asked to give a deposition, a person will appear for an appointment. They will give testimony after being sworn in, and a court reporter will make a record of that testimony. People are compelled to attend a deposition when they are given a subpoena to do so. The person will be asked questions from an attorney and, at times, depositions may be admissible in court.
Attorneys have various reasons for taking depositions in a personal injury case. These reasons include:
- Obtaining facts about the case
- Gathering information to determine strengths or weaknesses of a case
- To determine how a person may testify at trial
- To determine the facts surrounding the incident that led to the injury
A deposition is structured similar to a trial. An attorney will ask questions, and the opposing attorney will cross-examine the person. While a person is being questioned, objections can be raised. In a trial, a ruling is given on an objection. During a deposition, the objection is noted but the question is still answered. The person being asked questions, or the deponent, may only be told not to answer a question for very specific reasons. Those reasons are more stringent than those in a trial.
Any person who has been injured due to the negligence of another should contact an experienced personal injury attorney for more information.