A deposition is under oath testimony given in a lawsuit. For example, if you are involved in a car accident and injured, you and your attorney may file a civil lawsuit to recover for your damages. To gather information about your claims, discovery is conducted. Discovery usually consists of written discovery which is typically answered before any testimony takes place. As the plaintiff, your deposition would normally go first. Generally, during a deposition, an attorney asks questions and the deponent, or the person providing the deposition, answers the questions. A court reporter is present to formally record the testimony. A deposition has two functions:
- To find out exactly what the witness knows; and
- To preserve the testimony of the witness
Illinois state rules impose a three-hour limit on depositions in civil cases. If you are filing a civil case, it is important to find an experienced law firm to represent you in your injury case. Deposition testimony is important as it can be used during motions and at trial.
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