The parties in a personal injury case engage in the discovery process to gather evidence and information to prepare for trial. Depositions are an essential step in the discovery process and are governed by the Florida Rules of Civil Procedure. Depositions are used in all types of civil cases, including medical malpractice, car accidents, and dog bite claims.
A deposition is sworn testimony provided outside of court. Witnesses, experts, the parties to the action, and other individuals with knowledge pertaining to the case may be deposed. This blog explains the process of a deposition and what you can do to prepare for a deposition in a Jacksonville personal injury case.
What to Expect During a Deposition in Jacksonville, FL
Facing a deposition in Jacksonville can feel overwhelming, especially if it’s your first time. While it may seem intimidating, understanding the process can help you feel prepared and confident. Knowing what to expect—from the setting and the types of questions asked to the role of your attorney—can ease anxiety and ensure you present yourself clearly and truthfully.
Oath and Introductions
A court reporter records the deposition and transcribes it word-for-word to create an official transcript. The court reporter is also the party who administers the oath to the person providing testimony. The oath requires the deponent (i.e., the person providing testimony) to answer questions truthfully under penalty of perjury.
Generally, the attorney taking the deposition will list everyone who is in the room and their role for the official record. The attorney asks the deponent to provide their name, including spelling their name, their address, and other contact information.
Questions By the Attorney
The purpose of a deposition is to uncover facts and gather information about the case. The attorney may also want to assess the credibility of a witness.
The attorney who scheduled the deposition questions the deponent first. The questions depend on the deponent’s role in the case. For example, if the victim is being deposed, an attorney may ask them for details of how the injury occurred, their medical treatment, employment history, education, and recovery. If the person’s doctor is testifying, the questions may relate to their evaluation of the victim’s injuries.
The attorney for the other party in the case may cross-examine the deponent. Questioning may proceed as permitted in court. The deponent must answer the questions asked by the attorneys. However, they do have the right to refuse to answer based on their Fifth Amendment right not to incriminate themselves if the testimony could lead to criminal charges.
Invoking this right could lead to the opposing counsel arguing that the person’s refusal indicates liability in a civil case. Because this situation is complicated, you should discuss this matter with an attorney before the deposition to determine the potential outcomes of answering or refusing to answer a question based on this right.
Breaks
Depositions can last up to several hours or an entire day. Typically, attorneys will take breaks periodically throughout the deposition; however, you can request a break if needed.
Objections and Motions
An attorney may make objections during the deposition. However, they may not instruct a deponent not to answer a question unless it is necessary to enforce a limitation on evidence as directed by a court, preserve a privilege, or present a motion in court to terminate or limit examination. The court reporter notes the objection in the official record, and the testimony is taken subject to the attorney’s objection.
Witness Review
The deponent has the right to examine the transcription and present any changes to the court reporter in writing with reasons for the changes. The changes are attached to the official transcript. The deponent can waive their right to review the transcript before it is submitted as the official transcript of the deposition. The official transcript can be used as evidence at trial by either side.
Contact Baggett Law Personal Injury Lawyers for a Free Consultation
It is always wise to consult an attorney if you are subpoenaed to provide testimony at a deposition. Regardless of your role in the case, it is essential to understand your legal rights and obligations regarding depositions. Even though a deposition is not a court hearing, it is a serious legal proceeding.
If you have questions about a personal injury matter, call Baggett Law Personal Injury Lawyers for a free consultation with a Jacksonville personal injury lawyer.
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and their surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St, Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167
