There may likely be a point in your nursing career when you’re required to give a deposition in a legal case — either as a named defendant or as a witness.
Let’s discuss what a deposition is, situations in which you may be called to give one, and what would be expected of you so you can be prepared if this event should arise.
What is a deposition?
A deposition is a pre-trial procedure in which a party to a case or a witness gives their statement concerning the case under oath, with all parties and their attorneys present.
Since a deposition is part of a filed case, if you are a named defendant, a notice is sent to your attorney. If you are not a party to the case, a subpoena is issued by the court to ensure your presence at the deposition. In either case, you are referred to as a “deponent.”
Why is a deposition taken?
Depositions are taken for a number of reasons before a trial or another judicial process (e.g., a settlement or dismissal) proceeds. These reasons include:
- “Discovering” you — learning how you respond to questions, how credible you are, and how you appear
- Obtaining more information about the case, such as potential additional witnesses and/or defendants
- Impeaching your testimony at trial if you testify contrary to your deposition
A deposition can sometimes be referred to as an “evidence deposition,” in which case the deposition can be entered into evidence if there’s a concern that you might not be available for the trial because, for instance, you’re unable to travel or in the event of your death.
What happens during the deposition?
The deposition is conducted in a question and answer format. A court reporter transcribes everything that is said and provides copies to the attorneys.
Your attorney will ask you questions concerning the case. The other attorneys present also have the right to question you. In either case, you are required to answer. The attorneys can object to the questions you’re asked, as well as your replies to them, or they can raise other issues.
Your attorney is obligated to prepare you. And you’re obliged to be honest and accurate in the information you provide to your attorney about the case and when you testify.
The deposition is no place for your attorney to be surprised and unprepared to hear facts that you did not share beforehand but that the opposing attorneys may know.
General guidelines for giving a deposition
Your attorney should provide you with guidelines to help you prepare for the deposition, and it’s important that you follow them. Your attorney’s guidelines will focus on your testimony and protecting you from any unnecessary exposure to liability. Customary guidelines include:
- Only answer questions asked of you.
- Ask for clarification on any questions you don’t understand.
- Ask that a question be repeated if you did not hear it.
- Don’t guess at an answer.
- Speak clearly and confidently.
- Control your emotions.
- Hesitate slightly before answering a question from another attorney to give your attorney a chance to object to the question if needed.
- Wait to answer a question until the entire question is asked.
Giving a deposition or having to participate in a legal case in any way can be extremely stressful and intimidating, which is why having legal counsel that you’re comfortable with to guide you through the process is so important. Don’t hesitate to seek counsel if you receive a subpoena or expect to receive one soon.
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