What Happens After a Deposition Under Oath?
- Upon the conclusion of a deposition, attorneys may discover additional information that requires additional depositions of expert or lay witnesses. During the course of a deposition, a deponent might provide the name of an eyewitness or information that needs further investigation. For example, if the case involves a personal injury claim, a treating physician may be deposed where the attorneys will question the expert about treatment provided to the claimant/plaintiff and any medical opinion as to treatment, causation and recovery.
- During the course of a deposition, the deponent may make a claim that can either be supported or rebutted with additional evidence. At the conclusion of a deposition, attorneys may continue to gather supporting evidence to strengthen their client's case or rebuttal evidence to refute the deponent's claims. This may occur by requesting medical documentation, reports, surveillance or any other data that may aid the attorneys in getting the best outcome for their clients.
- At times, attorneys may negotiate a settlement at the conclusion of a deposition. Depending on the information that is gathered prior to the deposition and the supported answers given by a deponent, attorneys may find it in the best interest of their clients to settle the case. For example, at the conclusion of an expert's deposition, an attorney may find the evidence is overwhelmingly one-sided and commence negotiations.
- In some circumstances, depositions may conclude the discovery phase and attorneys may begin preparing for trial. With all of the evidence gathered, attorneys may use depositions to question witnesses in court or use the deposition testimony in place of a court appearance.