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What Is A Deposition?

A deposition is testimony that’s taken under oath, but not in the courtroom. Once we file a lawsuit, we take depositions, we subpoena witnesses, and in medical malpractice cases, they’re often doctors, therapists, nurses. They’re under oath; they have to answer all of our questions, and that way we know before we go to trial what that witness is going to say at trial.
If they alter their testimony at trial, we can use the deposition to what we call impeach them, and that means something like, well Nurse So-and-So, remember when I took your deposition on January 14, 2015, and you said, “XYZ”? Now, you’ve said, “ABC.” Why are you giving a different answer now than you gave then? It’s a good way to be able to nail down what your case is about. Taking accurate, detailed depositions is a very important tool in the litigation process.