Alabama Injury Lawsuit – Part Eight – Depositions


Depositions are a critical part of an Alabama injury lawsuit such as a car wreck or products liability type of case. Depositions are a part of discovery but are the only type where the party (plaintiff or defendant) is required to answer without help from their attorneys.

Depositions take place after the lawsuit is filed and normally after written discovery has been exchanged. Normally both the plaintiff and defendant are deposed the same day in a car wreck case – bigger cases (truck wreck, product liability, medical malpractice, etc) typically involve longer depositions so the depositions will take place over a period of days.

Normally at either your lawyer’s office or the other lawyer’s office. Sometimes its just a matter of space (for example in our current office we have only one conference room – when we move at the end of June we will have multiple conference rooms) or other times its just a matter of convenience. Rarely will a deposition be taken outside of a lawyer’s office – I took one in a judge’s courtroom as the trucking company planned on objecting to every question so we wanted a judge close by….

How long?
Depositions in small car wreck cases normally only take a couple of hours. Other cases may take longer. Some lawyers and I were deposing an executive from Europe – we deposed him for an entire week. That’s unusual though – normally a full day is about the longest for most cases.

What are the rules to make sure telling the truth?
We have covered this before so feel free to click on these links:
1. Make sure you hear the question;
2. Make sure you understand the question;
3. Think about what is the truthful answer; and
4. Only answer the question asked – no more.

Depositions are very important in an Alabama injury case. We have only focused on depositions of the parties and will cover other types of depositions in another post (doctors, etc) as well as more tips on how to take, defend, and give a deposition. We hope this has been helpful to you and feel free to contact us through our blog (to the left is the contact us form) or you can call us at 205-879-2447.

(Our next post in this series will focus on motions for summary judgment – where a party is trying to get the judge to go ahead and rule on some or all issues in the case rather than a jury deciding those issues).

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