California Wrongful Death Case - Discovery; Depositions

DEPOSITION PROLOGUE
1. Have you ever had your deposition taken before?

2. A deposition is an extended court proceedings. The setting is informal you are testifying under penalty of perjury. A person who commits perjury may be criminally prosecuted. To fail to testify truthfully today would subject you to the same penalty of perjury as if you were in court. Do you understand this?

3. Most of what I say today will end in a question. So please wait until I finish the question before answering. The court reporter cannot take down our statements if we are talking at the same time. So don't interrupt me and I won't interrupt you.

4. I will sometimes be asking you for your best estimate. For instance, I might ask you how big this conference table is. You might estimate ten feet. That is an estimate. But if I ask you how big the conference table is in my office (unless you have been in my office) anything said by you would be a guess. Do you understand the difference between an estimate and a guess?

5. The court reporter will take down what we say today verbatim. Later it will be typed up into a booklet and you will be asked to review the booklet. When you do that, you will be asked to do two things:
a. One, to see that the reporter has accurately taken down everything that you have said and that it is indeed a literal transcription of what you said.
b. And two, to make any changes which subsequent recollection can bring to your mind.

6. However, you should be advised that if you change your testimony from what you say here today, we would have an opportunity to draw the attention of the court or the jury to that at the time of trial. Do you understand this?

7. Have you had any alcohol or other medications within the last twenty-four hours?

8. Is there any medical reason or otherwise that you can't give your best testimony here today?

9. If you don't understand any question I ask, tell me to rephrase it. Otherwise, if you answer any question I ask you, it must be assumed that you understood it.

After the conclusion of the deposition prologue, the attorney will then begin to ask questions of you. The most common types of accidents are automobile accidents and slip and fall accidents. Below is an outline of some of the questions you might expect to be asked if the case is based upon one of these accidents.