What is a deposition?
A deposition is a legal term used in accident law in Hawaii. It is a process used to obtain sworn testimony from a witness before a trial. When a deposition takes place, the witness answers questions posed by both the plaintiff and the defendant’s attorneys in front of a court reporter who records the questions and answers. The person being questioned is placed under oath and must answer questions truthfully. The deposition can be used as evidence at trial if the witness cannot appear in court. During a deposition, the attorney for the plaintiff or defendant will ask the witness a series of questions about the accident or the circumstances surrounding it. The attorney asking the questions can ask follow-up questions if needed. The attorney can use documents to help illustrate points and ask questions about them. The deposition can be used to establish facts about the accident, determine if there were any potential witnesses, and identify any potential damages that can be claimed. The deposition can also be used to question the credibility of witnesses who may have given conflicting statements. The deposition allows both sides to gain a better understanding of the case prior to going to trial. It also allows the attorneys to see a witness’s demeanor and to evaluate their credibility. The deposition can be used to help the plaintiff or defendant better prepare for their case and to gain an advantage in court.
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