A deposition is a question-and-answer session during which an individual provides testimony relating to the subject matter of the lawsuit under oath. There are two types of depositions – written and oral. Because written depositions are so rarely used, this article will address only oral depositions.
A "deposition" is a question-and-answer session during which an individual provides testimony relating to the subject matter of the lawsuit under oath. There are two types of depositions: written and oral.
The "deponent" is the the individual who provides testimony during a deposition. A deponent may be:
Depositions are useful for learning a deponent’s knowledge of and opinion on the events leading up to a lawsuit. There are other potential uses for a deposition. For example, if a deponent later testifies at trial, the deposition transcript may be used to contradict or discredit them.
Unlike most discovery tools, which may be answered with a lawyer’s help, a deponent must personally answer questions during depositions. Generally, a deponent may only be deposed once, so the party requesting the deposition should prepare thoroughly.
Written deposits are rarely used. If you want to use written depositions as a discovery device, there are specific requirements for service and notice. There may be direct, cross, redirect, and recross questions. If there are objections to the form of the written questions, then the objection, along with grounds for the objection, must be provided within specified periods of time. Read the Maryland Rules carefully to determine the applicable requirements and time periods.
Before the deposition, the parties will work together to find a mutually convenient date for everyone involved. The party requesting the deposition will then contact a court reporting agency to arrange for a court reporter to be present during the deposition.
Notice of Deposition - At least ten (10) days before the deposition, the party will also send a “Notice of Deposition” to the opponent and the witness to be deposed.
Typical Deposition - In a typical deposition, the parties’ attorneys and the deponent will appear before a court reporter. The parties may also choose to attend depositions if they wish. At the start of the deposition, the court reporter will ask the deponent to swear an oath to tell the truth. Whoever asked for the deposition will ask the deponent questions, which the deponent will answer. Then, the other party or their attorney will have an opportunity to ask the deponent questions. The entire deposition will be recorded, and the testimony will be transcribed. If the deponent refers to documents during the deposition, those documents should be marked as exhibits and made a part of the deposition record.
Objections - During the deposition, a party or their attorney may have objections to some of the questions being asked. If a party has an objection, that person must state, “Objection” after the question is asked but before the deponent answers. The court reporter will record the objection, and the deponent will answer the question. As a general matter, the deponent should not refuse to answer questions, and the opposing attorney should not instruct the witness to not answer questions.
Some objections are waived unless a party voices the objection during the deposition, meaning that the objecting party loses the chance to challenge the testimony later. For example, if a party has an objection to the form of a question because the question is a compound question (asks more than one question at a time), the objecting party must object during the deposition or the objection will be waived. Other objections may be preserved even if a party does not say, “objection,” which means an individual can later object to the question that was asked.
Generally, an objecting party does not need to state the reason for the objection unless requested by the other party. If a party does state the grounds for the objection, it should be done in a way that does not suggest an answer to the deponent. If a party feels that the reason provided for the objection will improperly suggest an answer to the deponent, then that party should ask the deponent to be excused while the reason for the objection is stated on the record.
Reading and Signing the Deposition - At the end of the deposition, the court reporter will ask the deponent if the deponent wants to waive reading or signing the deposition.