What is a Deposition in New Jersey?

Posted on October 26, 2018 by WeCanHelp.law

One of the aspects of a personal injury lawsuit is a deposition.  A deposition is a question and answer session, conducted by an attorney, with one of the parties or another person with information regarding the lawsuit.  It is conducted pursuant to New Jersey Court Rule 4:14.

 

After an individual files a civil lawsuit in the state of New Jersey the person or company which they filed the lawsuit against will serve an answer or response.  Each party will then submit answers to written questions which are known as answers to interrogatories.  After each party submits the answers to interrogatories, the parties will have the ability to take depositions.  Rule 4:14-1 specifically states: “After commencement of the action, any party may take testimony of any person, including a party, by deposition upon oral examination.”

 

A deposition or deposition testimony will include questions regarding the accident or occurrence.  The lawyer will typically inquire about the circumstances of the accident or occurrence, what either party did before or after the accident, what physical ailments or injuries the injured person has suffered and any other relevant information that any other parties may have.  Objections to the testimony at the depositions are usually limited to the form of the question and to asserting a privilege.  Information obtained at a deposition is not necessarily admissible at a trial in the matter.  The information given must comply with the rules of evidence and law in New Jersey in order for that information to be admitted at a trial. In some circumstances a Judge will rule on the admissibility of the deposition testimony or other evidence before the trial begins.

 

WeCanHelp.law

The attorneys at WeCanHelp.law are well versed in personal injury law and are available to answer any and all questions about a Monmouth County personal injury matter or any personal injury matter in any New Jersey county.  Call us for a free consultation.

 

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