What is a Deposition? 801-676-7308 Utah Attorney Jim Balmforth explains

What is a Deposition?

I know what you're thinking.  You've seen law and order.  You know what a deposition is, right?  Now, I haven't seen all of the episodes of law and order, but I've seen a few.  In my watching, I've never seen them do a deposition.  The TV show usually just shows snapshots of different parts in the process and ultimately part of a trial.  They don't usually show all of the trial or even half of it.  It just snapshots.

So, with that said, most people that I have met with (outside of the legal field) either don't know what a deposition is or they have never had to endure one.

Depositions are used to pin down the testimony of a potential witness.

Watch this video as I explain it better sometimes in person than in writing.


Now that you've watched this, it makes sense, right?

Maybe not.

The idea (as an attorney) is that I get to ask the witness (or the party) all the questions that I think I can use to get to the truth of the matter and to know what that witness will say if (or when) the case goes to court.  That way, I can be prepared.  If the witness testifies differently than what the witness previously  stated, then I can impeach that witness with the transcript from the deposition.

This makes me a better attorney.  It helps me prepare.  It makes it so that when I go to trial, I'm not going to be ambushed.  If a witness goes astray, I bring them in.  It really does help me control the courtroom.

A deposition is when a lawyer brings in a witness to have that person take an oath to tell the truth and then questions them in the presence of a court reporter. The testimony is later transcribed and becomes a deposition transcript which can be used in court later.

If you have received a notice of deposition or a subpoena to testify, you should make sure you have an attorney to assist you. If you don't have one, or need to consult with one, give our office a call for a free initial consultation

801-676-7308

We look forward to assisting you in your case.

I look forward to seeing you next time.



James R. Balmforth, Esq.
Riverton Utah Criminal Attorney
801-676-7308