What is a discovery deposition in an insurance litigation case?
A discovery deposition in an insurance litigation case is a legal process whereby parties involved in the case must answer questions and provide documents in order to help establish the facts of the case. A discovery deposition, which takes place outside of the courtroom, may involve witnesses, documents, or other evidence that are necessary to prove or disprove the allegations in the lawsuit. In Washington, discovery depositions generally occur after the parties have exchanged their initial filings. During a discovery deposition, an attorney representing either the plaintiff or the defendant will usually question the witness or witness as part of the discovery process. The purpose of the deposition is to gather evidence related to the case, including witness testimony and documentary evidence. The witness being questioned in a discovery deposition may be required to answer questions under oath, and may be asked to produce documents, records, and other items of evidence that are relevant to the case. The attorney questioning the witness may also request that the witness provide an affidavit or make a statement about the case, which the witness must swear or affirm is true. Depending upon the complexity of the case, a discovery deposition may take one or more days, and involve multiple witnesses. The information gained in the discovery depositions will help the parties determine whether they wish to pursue the case in court or attempt to settle the matter outside of court.
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