Defense Deposition of a Plaintiff Witness in an Auto Injury Case

In California auto injury cases, a deposition is a key part of discovery. A deposition allows one side, in this case the defense, to question the plaintiff or witnesses under oath before the trial. This process helps gather information, clarify details, and assess the credibility of the witness.

A defense deposition of a plaintiff witness typically focuses on the events of the accident, the extent of injuries, treatment received, and any statements made about the incident. The defense attorney may also inquire about prior medical history, lifestyle factors, and any insurance claims. The goal is to obtain a clear picture of the facts, uncover inconsistencies, and prepare for trial strategy.

Depositions are conducted with a court reporter present who transcribes every question and answer. Attorneys for both sides are allowed to attend, and the witness is under oath, meaning false statements can lead to perjury charges. The deposition can be used in court if the witness changes their story or if prior testimony is needed to challenge credibility.

It’s important for the defense to ask specific, targeted questions while following rules of procedure. The deposition also provides an opportunity to assess how the plaintiff may perform on the witness stand during trial. For plaintiffs, it is critical to provide truthful and accurate answers, as the deposition is a legal record that can significantly impact the outcome of the case.