Phoenix Auto Accident Attorneys Discussing What are Depositions in an Arizona injury claim
If you are involved in a Phoenix car accident, it is important to hire an experienced injury lawyer. Every Arizona lawyer is different. The key is to hire an experienced auto accident attorney so that they can help you with your case and get your case settled. Depending on what lawyer you chose will be dependent on the case value of your case and whether or not your case settles or goes to litigation. it is important to also find out if the car accident attorney you are considering hiring is afraid to go to trial. What happens if you get an unfair offer from the insurance company? You need to know that the lawyer you choose will fight for you. If your case does go to litigation one of the first things that will happen is that the opposing counsel will want to take your deposition. As Arizona personal injury lawyers, we also notice depositions.
What is a deposition in an Arizona car accident case?
A deposition is a time where the lawyers come to a meeting spot, generally a conference room, and ask questions from a specific person. Only parties to the lawsuit are allowed in the deposition unless the attorneys agree otherwise. There will be a court reporter present taking down every word that is said. if you are ever deposed one of the first things that the lawyer taking the deposition will say is the rules of the deposition. Typically, this will include that there is a court reporter present and that the court reporter can only take down words so it is important to speak rather than shaking your head.
How does a Notice fo Deposition work in an injury case?
When a lawyer wants to take a deposition they will have to send a Notice of Deposition. This is required by the Arizona Rules of Civil Procedure, Rules 26 and 30. The Notice must require the name of the person being deposed, where they will be deposed and the time they will be deposed. The lawyer is required to sign the notice and the notice will be sent to the opposing lawyer and to the court reporter. Arizona does not require the notice to be sent to the Court unlike some other states.
Length of depositions in car accident cases in Arizona
A deposition by rule can last up to 4 hours but many times depositions go longer. There are many attorney we have dealt with that have literally started by asking the client where they lived when they were in elementary school. I'm not sure why this is important but generally speaking lawyers have a great amount of leeway when deposing people. There are been many instances when we have to get the Judge involved or when we will not allow our clients to answer questions. When we are asking the questions and are deposing a person many times we will want our clients to be at the deposition. It is always a good idea to get an understanding of your claim by asking if you can appear at a deposition that your attorney is taking in reference to your case. there many be times that the lawyer does not want his client at the deposition and that is something that will vary from case to case.
It is important to never lie in a deposition. If you do not know the answer it is important to say, "I don't know." You always want to be careful about guessing during a deposition. With reference to a Phoenix car accident, the lawyer might ask you to estimate your speed or guess the time of night. These questions are questions you want to be careful for in guessing. if you do have to guess tell the lawyer who is asking the questions that you are just guessing. If you know for sure then of course answer the question.
Part of a deposition is an opportunity for the lawyer to size up the deponent and see how that witness will present at trial. It is important to dress nice as you would for court and be very respectful to the person who is asking you questions.
As Arizona Personal Injury lawyers, we welcome any questions you may have. We offer a free consultation and a no fee guarantee. Feel free to call any time with your questions. If you are not sure about the attorney you are considering hiring, you can look up their credentials at AVVO or at the Arizona State Bar.
