![]() The legal deposition process begins with a notice that sets forth the time and place of the pretrial testimony (this is usually done by consent). In this case, the custodian of records is required by law to either produce documents to the requesting attorney or appear for deposition. Depositions of third parties can also be taken but only for the production of documents. This description is mostly accurate.Ī deposition in Maryland can be taken any time after a lawsuit is filed and can even be taken before filing suit in some extraordinary circumstances, usually where the preservation of evidence is necessary. The dictionary definition of a deposition is a formal statement - usually through oral questions and answers - that are recorded for use in court. Hopefully, this discussion helps you spot the issues to help you determine the timing that works best for your case. The take-home message here is that there is no set answer to this question. Make sure if it is a malpractice case or one involving expert testimony germane to the defendant's deposition that you talk to those experts before deposing the defendant. Prepare a request for production of documents and subpoena whatever it is that you need. You might end up with scores of critical questions that you can't pose easily as interrogatories that you never get a chance to ask. You learn so much about a case as it proceeds. But it just might work with a jury.īut here is the problem: you might not be ready for an immediate deposition. It might be a defense that is not based on the facts. Noting depositions early also gets you to the defendant quickly before they have time to let the case marinate and come up with a convoluted defense. It certainly sends the message that you are taking the case seriously and are ready to push forward. One school of thought is to note depositions when you serve the Complaint. And, sure, we have had cases pretty much bomb in deposition too, no doubt, with revelations no one saw coming that (that our attorneys did not include on this page). We have had cases where good, well-prepared plaintiffs dramatically increase the value of the claim. Insurance companies take into account how the plaintiff performs in evaluating cases. The deposition is the only chance to find out what face will be placed on these injuries they have read about in the medical records. The insurance company's computer cannot evaluate the character and sincerity of the plaintiff, which is a huge factor in the settlement value of the claim. For settlement, the deposition is the most important tool insurance companies use to evaluate the value of the case. They matter if you intend to settle the case, and they certainly matter if the claim goes to trial. Plaintiff's Notice of Deposition Duces Tecumĭepositions matter.Defense Expert on Damages (leg amputation costs).Plaintiff's Medical Doctor Expert in Medical Malpractice Case.Defendant Doctor #4 ($5.5 million verdict: surgical error during cardiac surgery).Defendant Doctor #3 ($2.5 million verdict case: doctor failed to notice signs of patient's internal bleeding that lead to his death). ![]() Defendant Doctor #2 ($10 million verdict).Police Officer in Motorcycle Accident Case.Questions you can bet a defense lawyer is going to ask you at deposition.Insurance Adjuster in Uninsured Motorist Case.Defendant Driver #1 (wrongful death pedestrian accident).Videotaped depositions in Miller & Zois accident and medical malpractice casesĭeposition Example Transcripts Car Accident.Below are some example deposition transcripts from most of the different types of tort cases our law firm handles.
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