Do I Have to Give A Deposition in My Car Accident Case?
I have a car wreck case and my lawyer says that the insurance company wants to take my deposition. Do I have to do it? the idea makes me very nervous.
A deposition is testimony given by a plaintiff, a defendant or witness in a lawsuit before the case actually goes to trial. The person giving the statement is called the deponent. At the beginning of the deposition the deponent is asked to swear or affirm that the statement will be truthful. The deposition is taken by a lawyer asking questions of the deponent. Usually, the lawyer for the plaintiff will take the deposition of the defendant and the lawyer for the defendant will take the deposition of the plaintiff. Either lawyer may take the deposition of other people who have knowledge about facts important in the case.
You can't be forced to give a deposition, but the judge can dismiss your case if you are asked to do so and you refuse. By filing a lawsuit you have to comply with the rules of procedure in our court system and there are consequences for failing or refusing to follow those rules.
Your lawyer should spend time preparing you for your deposition. If you are adequately prepared, you will quickly see that you can handle it just fine.
