This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is at the end of this article.
After lawyers have collected enough information through interrogatories (written questions) and requests for production of documents, it is usually time for depositions. But what are depositions and what do you need to know about them?
What is a Deposition?
A deposition is a formal interview conducted under oath to get information that the witness knows about the case. Starting with the lawyer who wanted the deposition (sometimes referred to as the one “calling” the deposition), each party’s attorney gets to ask questions. The answers are written down by a court reporter into a transcript that can be used later.
Who Can be Deposed?
Any person can be asked to sit for a deposition, including the parties to the lawsuit and other third parties. If you are a party to the lawsuit, the other lawyer only needs to ask and send your lawyer a notice about the deposition. Third parties receive subpoenas to attend a deposition and may also be asked to bring documents with them (just like a request for production of documents). Unless something unusual happens, a person can only be deposed one time per lawsuit.
Continue Reading Explaining PA Lawsuits Using Plain Language (Part V) – It’s Your Turn to Talk