Do you have to give a deposition in a civil case is one of the commonly asked questions by defendants. The quick answer to this question is yes but just like in everything in law, this also has some details you need to know.

Therefore, we wanted to compile this guide for those who wonder do you have to give a deposition in a civil case. Below, you are going to find every single detail you need to know about the process.

However, before starting, we will handle what is deposition and civil case concepts to provide a better insight into the topic.

What Is Deposition in Cases?

Most people who wonder do you have to give a deposition in a civil case are often confused with the deposition concept. The most common term confused with deposition is hearing, and we are going to cover the differences between them in the following.

The simplest meaning of deposition is giving a sworn testimony or statement as a witness. Unlike what we see in movies and TV shows, deposition in real life is given before the court and used in the case for law purposes.

In other words, deposition is a kind of testimony you give in court but it takes place before the trial.

Differences Between a Deposition and Hearing

Well, before providing detailed information on do you have to give a deposition in a civil case question, let’s learn the differences between a deposition and a hearing. Although the process is the same in these two events, they have different purposes.

Deposition lets the judges and juries understand the claim better. The person will be asked a series of questions to clarify the claim without the presence of a judge. It is the statement given by the witness of the event.

On the other hand, a hearing takes place in front of the judges and juries and its goal is to resolve the case or dispute.

What Is a Civil Case?

Of course, you also need to know the definition of the civil case before looking for answers to do you have to give a deposition in a civil case question. Civil cases are held to end a dispute between two parties because of mostly minor crimes.

Depending on the case or event that leads to a dispute between the parties, civil cases may be in a wide range of court cases. Events such as negligence, battery, malpractice, personal injuries, defamation, and fraud are also the subject of civil cases.

However, more than half of the civil cases in the United States are because of disputes between parties due to negligent actions.

Do You Have to Give A Deposition in a Civil Case?

Now, let’s answer our main question, do you have to give a deposition in a civil case? Yes, you need to give a deposition in most cases. However, somehow if you do not want to give a deposition, your lawyer can help you to do so.

On the other hand, considering that deposition will help the judge to understand your claim or dispute better, we do not recommend avoiding it.

In this regard, you need to be careful whether the deposition is ordered by the court or not. If it is ordered by the court, then you have no chance but to give a deposition.

Are You Obliged to Give Deposition?

In fact, we have briefly talked about this in our do you have to give a deposition in a civil case section. The answer to this question depends on one factor.

If the court ordered you to give a deposition, then you have no chance but to give it. If you will not show up for the appointment, then you will be accused of contempt of the court, which may have pretty bad consequences for you.

On the other hand, if your deposition is requested by the opposite party, you are not obliged to give any deposition. Thus, you should not worry about any legal consequences as well.

Can You Change Your Deposition?

If you wonder do you have to give a deposition in a civil case, then you also need to know whether you can change your deposition or not. Of course, you can change your deposition, at least most of the time.

However, giving a deposition is a serious thing and you should always tell the truth in your deposition. On the other hand, you may forget the mention something or you may realize that you made an error. In these cases, you can change the deposition within 30 days.

If you need more information on your rights and deposition, you can always hire a professional. All you need to do is type an attorney near me to find the professionals in your area. Thus, you can make an appointment and discuss what is on your mind.