Be Composed Prior to Being Deposed
California Code of Civil Procedure Section 2025, et. seq., governs deposition proceedings in California.
Purpose of a DepositionA deposition is an important aspect of a case, as it allows a party to conduct further investigation and inquiry into aspects of the case that cannot be fully teased out during the written discovery phase of the case.
Not only does a deposition serve as a time for a party to analyze the deponent's ability to recall the facts and circumstances that gave rise to the lawsuit, it also allows a party to evaluate the witness' credibility, candor, and body language.
Prepare your ClientIt is critically important for a Plaintiff's personal injury attorney to thoroughly prepare his or her client in advance of the deposition. While all the variables cannot be controlled or anticipated, the following categories of information are the touchstones for effective deposition preparation:
1. Deposition Environment
2. Deponent's Background Information
3. Facts and Circumstances of the Incident/Collision
4. Injuries Sustained
5. Medical Treatment Received
6. Lost Time at Work/Lost Wages
7. Deponents Current Status
Again, while the above-listed categories will not ensure that everything will go as planned, I can guarantee that all of the categories listed above will be fully explored at deposition. Be prepared!