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Whose Deposition Is Taken In A Personal Injury Case?

When it comes to a personal injury case, if you are considered a key witness of either side, you will most likely need to testify at the deposition. When an individual fills out a personal injury lawsuit, both sides involved, the injured party and the person being accused of causing the injury will meet for what is considered the discovery process. This process is a deposition testimony. This type of testimony happens out of the courts. During this testimony, the attorney will ask questions to a witness. This could be the plaintiff, the defendant, a witness to the accident, or an expert in the field. All questions and testimony will occur while under oath. The deponent’s answers will give insight to the strength and weakness on both sides and help them to prepare for their trial.

What is a Deposition Subpoena?

Some witnesses to either side will not want to go on the stand to testify and yet their testimony could be vital to the case. If they do not voluntarily appear in court, they will be served a subpoena. This subpoena is a legal document that commands them to be testify to something that they have seen or heard regarding the case. The subpoena will be signed by an Accident Lawyer in Waterloo and served to the named individual by authority.

The subpoena will have important information on it that includes

• The date filed
• The case numbers
• The location, date, and time of the deposition they must appear at
• A request to bring any and all documents to the deposition regarding the case

If you are served a subpoena and you choose not to comply, then the result could be a court order demanding you to appear. You could also face certain sanctions for declining to appear.

Deposition of Parties

During a personal injury case, the plaintiff and the defendant will have their turn to answer questions and give their side of the story. in some cases, there are multiple parties that are included in the case. They can also be expected to have their turn on the stand as well. Some states do not give out subpoenas to everyone included in the party. Instead, they may issue a “notice” to all involved.

If I’m the Plaintiff, Will I Have to Attend a Deposition?

If you are the plaintiff, you will in almost all certainty have to testify. However, this would depend on your state you file in. The rules of the court are different in many states. Bottom line, if you file a lawsuit, prepare to go on the stand.

Once a personal injury case is active, settlements are normally not negotiated. Mainly because going this far has already costed time and expense to those involved.

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