How Lawyers Can Use Depositions

Here are five examples of how aFirstCoastpersonal injury attorney may use depositions: 1) To Gather Information: Once the attorney figures out who should testify in a deposition (usually through the use of written discovery), the attorney can use the deposition as an opportunity to gather information from those called to testify. 2) To Hold a Witness to His or Her Testimony: In addition to giving a personal injury attorney an idea of how a witness may testify during the trial, a deposition can also be used to hold a witness to a set of facts.  An attorney can then impeach a witness at trial if the witness’ testimony differs from their testimony during the deposition. 3) To Authenticate Documents: A First Coast personal injury attorney should always be thinking of ways to admit crucial documents into evidence. In order to do this, attorneys must usually get those documents authenticated. During a deposition, an attorney can have the witness verify whether the a particular document in question is, in fact, genuine. 4) To Support a Motion: The testimony obtained by a personal injury attorney during a deposition can be used to support a variety of motions. During a deposition, the opposing attorney has an opportunity to cross-examine the witness. In an affidavit, on the other hand, the witness is not subject to cross-examination. This often times will make a deposition more persuasive than an affidavit. 5) To Obtain an Admission: During a deposition, a defendant’s testimony can be used as an admission in most jurisdictions. An “admission” is essentially a fact that a witness testifies about. The facts that an attorney gathers from a defendant during their deposition can be used to attack the defendant’s recollection of the events during the trial. Call First Coast personal injury attorney John Fagan to schedule a free consultation.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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