If the disputing parties were to fail at achieving an agreement by means of negotiations or mediation, then a trial could be scheduled. A discovery phase would take place before the trail. The deposition would be part of the discovery phase.
The deposition’s purpose
• It helps the lawyers and their clients to gather more information about the personal injury case.
• It aids the discovery of evidence that the opposing side has in its possession.
• It could help the lawyers learn how effective their client might be, if placed on the witness stand during the trial.
What you should know, if you were to be called to testify at a deposition
If you have received a subpoena, you must attend that event. However, if you were not provided with a reasonable amount of time for responding to the subpoena, or for traveling to the deposition’s location, you would have a right to refuse the request to appear.
You must appear at a specific time and at the stated location. Expect a lawyer to be asking you questions.
The lawyers at a deposition must follow certain rules
Any lawyer could object to a question that had been posed by the opposing attorney. Still, there would be no judge to rule on that objection. Consequently, it would be noted in the records, but the line of questioning could continue.
There is no rule about the length for any question. Some personal injury lawyer in Ottawa like to ask long questions, in hopes of getting a long answer. Such an answer could provide the attorney with useful information.
What to practice before testifying at a deposition?
Arrange for someone to tape you while you are talking to someone else. Study the tape, and check to see how you have gestured and moved. Listen to the tone of your voice.
Practice having good eye contact with the other person in the conversation: Avoid staring at that same individual. Experiment with shifting your gaze to a point between the eyes and the chin of the listener.
Learn how certain hand and arm movements can look like an affront to the listener. If you were to cross your arms over your chest, the listener might think that you are trying to limit the amount of contact between the 2 of you. Even the crossing of legs can seem offensive.
Become aware of the small moves that you tend to take, when you are nervous. Make a point of learning how to speak without displaying such signs of nervousness. If you find it difficult to get rid of a habit, think about having a friend come to the deposition. That friend could then signal to you, if you acted nervous.