SSKB News

A Guide to Understanding this Critical Legal Process

When you’re involved in a legal case, whether it’s a personal injury lawsuit, a medical malpractice claim, or another type of civil matter, you may hear the terms “deposition” or “EBT” or “Examination Before Trial” come up. These terms are interchangeable, and they all mean the same thing. If you’ve never experienced a lawsuit, the idea of a deposition can feel intimidating. At Salenger, Sack, Kimmel & Bavaro we understand how daunting the legal process can seem, which is why we’re here to explain every step along the way.

What is a Deposition?

A deposition is sworn testimony given by a witness or party involved in a legal case. It is part of the discovery process, where both sides gather information and evidence to build their arguments. Depositions are typically conducted in a lawyer’s office or another neutral location, not in a courtroom, but the information collected can be used in court later.

During a deposition, the person being deposed answers questions posed by attorneys from both sides. These questions are answered under oath, meaning they must be answered truthfully.

Why Are Depositions Important?

Depositions serve several key purposes in a legal case:

1. Fact-Finding: They help attorneys gather detailed information and clarify facts about the case.
2. Preserving Testimony: Depositions create a record of a witness’s testimony that can be used later if they cannot appear in court.
3. Assessing Credibility: Attorneys use depositions to evaluate how witnesses or parties may perform during a trial.
4. Strategy Development: Information from depositions allows lawyers to refine their legal strategies based on the strengths and weaknesses of the case.

 What Happens During a Deposition?

A deposition typically follows this structure:

1. Swearing In: A court reporter or notary administers an oath, legally binding the witness to tell the truth.
2. Questioning: Attorneys from both sides ask questions. These may cover a wide range of topics relevant to the case.
3. Recording: A court reporter records everything said during the deposition to create an official transcript. Some depositions may also be videotaped.
4. Objections: Attorneys may object to certain questions, though the witness will usually still answer unless instructed otherwise.

Depositions can last anywhere from a couple of hours to several days, depending on the complexity of the case.

How to Prepare for a Deposition

If you’ve been called for a deposition, preparation is key. Here are some tips:

• Review the Case: Familiarize yourself with the details of your case and any documents or photographs you might be questioned about.
• Practice with Your Attorney: At SSKB, we conduct mock depositions with our clients to help them feel comfortable and prepared.
• Answer Honestly and Concisely: Avoid guessing or providing unnecessary details. If you don’t know the answer to a question, it’s okay to say so.
• Stay Calm: Depositions can be stressful but staying composed and focused will help ensure your testimony is clear and accurate.

Final Thoughts on Depositions

A deposition, or Examination Before Trial (EBT), is a critical step in the legal process that provides valuable insight into the facts of a case. While the prospect of being deposed can feel overwhelming, understanding what to expect and preparing with care can make the experience much smoother.

Remember, the legal system is designed to uncover the truth and provide a fair resolution. Depositions play an essential role in this process by helping both sides build their cases and ensuring transparency. With the right preparation and a clear understanding of your role, you can approach a deposition with confidence.

Whether you’re a witness, a plaintiff, or a defendant, taking the time to familiarize yourself with the process can empower you to navigate your case effectively. Stay informed, stay composed, and trust the process to unfold as it should.