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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

What Is A Deposition?

Frequently Asked Questions - What Is A Deposition?

What Is A Deposition?

A deposition is a procedure whereby the attorneys representing parties to a lawsuit have an opportunity to question a person out of court but under oath.  The person testifying in the deposition is referred to as the deponent.  The deponent may be a party to the lawsuit or a witness to some aspect of the lawsuit.  For example, the deponent may have witnessed a motor vehicle accident that is the subject of the lawsuit, the deponent may have information as to the injuries sustained by the accident victim, the deponent may have observed how the injuries sustained in the accident have affected the victim’s quality of life, or the deponent may have observed the injured party engaging in activities that are inconsistent with the injuries that the injured party claims to have sustained.  The deponent may be a health care provider who has treated the injured person or an expert witness (i.e., doctor, chiropractor, economist, rehabilitation therapist, accident reconstructionist, etc.) who has formed an expert opinion at the request of one side.

A deposition is typically attended only by the deponent, the attorneys for all parties, and a court reporter.  Although a party does have the right to attend all depositions, it is not always advisable that a party do so.  The deposition is usually held in a conference room at the law office of an attorney for one of the parties or in a conference room at a court reporter’s office.  However, when it is not practical for all parties to meet at the same location, as might be the case when an attorney or witness is located in a different city, the deposition can be conducted by telephone.

The court reporter’s job is to make a written record of all that is said and done during the deposition, in much the same manner that a court reporter makes a record of what is said and done in a courtroom.  The court reporter does this through a combination of recording devices and/or stenographer machines.  After the deposition is concluded, the court reporter will then prepare a written transcript of the deposition.  If the deponent was shown any documents during the deposition, or if the deponent asked to draw a sketch during the deposition, the documents and/or sketch will be attached as an exhibit to the deposition transcript.

Unless the deponent or his attorney has waived the right to read and sign the deposition, the deponent has the right to review the written transcript of his or her deposition.  This is an important function.  While court reporters are trained to record verbatim all that is said, they have been known to make mistakes.  For example, the court reporter may have misheard the deponent’s answer or, in the court reporter’s haste to record an answer, he may have inadvertently left out a word or two.  Where the court reporter has inadvertently left out the word “not,” the meaning of the answer can be very different.  Thus, the opportunity for the deponent to read and sign the deposition is the deponent’s opportunity to correct any mistakes that the deponent may notice in the transcript.

Some attorneys prefer to take video depositions.  In the case of a video deposition, there is a videographer present in addition to the court reporter.  The videographer’s job is to make a video and audio recording of the deposition, while the court reporter is charged with preparing the written transcript and managing the documents that are used in or created in the deposition.  During a video deposition, the camera is trained exclusively on the deponent.  Consequently, in addition to the deponent’s answers, the camera will record the deponent’s physical appearance and all of the deponent’s mannerisms and body language.   

A deposition can serve several purposes in a lawsuit:

First, it provides an attorney with an opportunity to learn what the opposing party or a witness may have to say as to the facts of the case, or in the case of an expert witness, what opinions the expert may have to offer.

Second, a deposition provides an attorney with an opportunity to pin down the deponent’s sworn testimony.  If the deponent testifies differently at a later date, the attorney has a written record of the deponent’s earlier testimony and can use the earlier testimony to attack the deponent’s credibility.

Third, the written transcript of the deposition testimony provides the attorney with information that can be very useful in preparing an effective cross-examination for use at trial.

Fourth, a witness’ deposition testimony provides the attorney for the other side with advance insight as to the facts that the other side intends to present.  The attorney for the other side can then use this information to locate other witnesses or other evidence with which to rebut the deponent’s testimony.

Fifth, a deposition can be used to create a record of a person’s testimony for later use at trial.  This might be advisable or necessary if the deponent is elderly, ill or about to leave the jurisdiction of the court.

Sixth, a deposition provides both sides with an advance look at how a witness may conduct himself or herself on the witness stand.  A defense attorney will make an assessment of the plaintiff’s demeanor as a witness as part of a written case evaluation that he submits to his insurance company client.  For example, does the plaintiff come across as truthful and sincere or does it appear that the plaintiff is fabricating a story or exaggerating his or her injuries.  A plaintiff’s attorney will study his client’s demeanor at a deposition to identify those apsects of his client’s demeanor that should be improved upon at trial. 

A deposition is an important step in the preparation of a case for trial.  If you are a plaintiff (i.e., the person bringing a lawsuit) and are being deposed, you should treat your deposition very seriously as it will have a significant impact on whether your case can be settled or must proceed to trial.  The quality of the deposition that you give will also influence the amount of the settlement offer elicited from the other side.  It is generally held that you cannot win the case with your own deposition, but you can lose your case with a poor deposition.



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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

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Trial Pro got me $491,000
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After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.

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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
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It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

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Orlando, FL 32801

help@trialpro.com

(407) 300-0000


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