A deposition is a “witness’s sworn out-of-court testimony…used to gather information as part of the discovery process,” according to Cornell Law School’s Legal Information Institute (LII).
An interrogatory is a “list of written questions one party sends to another as part of the discovery process,” according to LII.
What Are Depositions and Interrogatories in Layman’s Terms?
A deposition is essentially a recorded interview by the other party’s lawyers. They include questions that help establish background and what occurred during the event in question.
An interrogatory is a list of questions that the other team will send you to answer with the same purpose as the deposition.
What Does This Mean for Me?
You always want to be prepared for depositions and interrogatories. While these don’t take place in a courtroom, they are very important to your case. It’s very easy to say or write something that jeopardizes your case. The other party’s attorneys will try to trip you up during the deposition and ask you leading questions and get you to admit something that they can use against you.
Examples of Questions You May Receive During Depositions and Interrogatories
Deposition Questions
- What is your full name, date of birth, and current address for the record?
- Have you ever been involved in any other claims or lawsuits?
- Have you ever given a deposition before?
- Do you understand why you are here today?
- Can you describe what happened on the date in question?
- How do you know the parties involved in this case?
- Were there any witnesses to the incident in question?
- What injuries did you sustain in the incident in question?
- Have your injuries affected your ability to work?
Interrogatories
- Please state your name, date of birth, and current address.
- What is your current occupation and your employer’s name and contact information? Please include for all jobs over the past five years.
- Describe how the incident happened. Include events occurring in the five minutes leading up to the incident.
- Please state the names of anyone involved in this incident or who may have witnessed this accident.
- Did you make any statements about this incident to a police officer, insurance company representative, private investigator, or other party? If so, please include their names, contact information, and employer contact information.
- Please state all conditions and injuries you claim resulted from this incident.
- Please state any conditions or injuries you suffered from prior to this incident.
- Please state the names of all medical providers you have seen regarding injuries related to this incident.
- State all your medical expenses related to the incident.
While these are not all the questions you may receive, this will give you a better idea of what you can expect.
