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A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity to ask you questions about your background, your accident, and your injuries, and to explore your claim in detail.
Deposition DON'Ts: Guess or speculate. ?I don't know? or ?I can't remember? is acceptable. Be anxious or stressed out. It will affect what you say and how you appear. Be defensive or angry. Never argue with the attorney. Offer information not requested. ... Talk too much or ramble. ... Talk too little. ... Be too extreme.
How Do I Prepare a Notice of Deposition? Caption. At the top of the notice should be the full caption of the case that includes the jurisdiction where the case has been filed. ... Names and Addresses of Attorneys. ... Type of Notice. ... Date, Time and Location. ... Signature Block of the Requesting Attorney. ... Putting It All Together.
A deposition subpoena for testimony or subpoena for production of documentary evidence also must state in prominently displayed, bold-faced text: ?The failure to serve an objection to this subpoena within twenty-one days after the day of service of the subpoena waives all objections to the subpoena, except the right to ...
Further, Tennessee Rule of Civil Procedure 30.02(1) states that ?[a] party desiring to take the deposition of any person upon oral examination shall give notice in writing to every other party to the action.? It requires that the notice shall be served on the other parties at least five days beforehand when the ...
A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address.
For example, Jill is suing Jack for bruises she sustained when Jack accidentally knocked her down a hill. Jill's attorney sent Jack a notice of deposition to be taken at Jill's attorney's office. Jill's attorney was there to ask questions, and Jack brought his attorney.