How to Write a Deposition

By Stephen Lilley
Write a Deposition

http://www4.law.cornell.edu/

A deposition is the questioning of any person, whether a party to a lawsuit or not. The deponent is placed under oath, and lawyers for each party may ask questions which they think will lead to admissible evidence. The questions and answers are usually recorded by a stenographer and any party may order transcripts of the deposition. Use this article as a guide while you write a deposition.

Find a lawyer. Lawyers are easily accessible by various means, including searching the phone book, getting referrals from friends, and getting recommendations from other lawyers (if your case is specialized). Acting without an attorney in a complicated lawsuit that requires a deposition is not recommended. After reviewing your case, you and your attorney will decide whether to proceed with your claim.

File a complaint. In order to begin the fact-finding part of the lawsuit, a complaint must first be filed in the proper court. A complaint must include reasoning as to why the particular court has jurisdiction over the people involved in the case, a statement validating the claim of the person filing the complaint, and details of the demands of relief from the person the complaint is being filed against.

Sit down with your lawyer and develop a list of questions that can be asked that will lead to receiving the information needed from witnesses in order to resolve your case. This is the part where you actually write what will become your deposition.

Find a stenographer. A stenographer will make a written record of everything said in the deposition by anyone in the room; the people involved in the lawsuit can then request a copy of it. You can find a referral for a stenographer through the court.

Put the other people involved in the case "on notice." This means that they are being notified that their presence is required at a deposition in a certain place and at a certain time.

About the Author

Stephen Lilley is a freelance writer who hopes to one day make a career writing for film and television. His articles have appeared on a variety of websites. Lilley holds a Bachelor of Arts in film and video production from the University of Toledo in Ohio.

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