Discovery is an important component of personal injury lawsuits. The term discovery refers to the legal mechanisms authorized under Kentucky law that attorneys use to learn more about their case and the defendant’s case.
Few discovery tools are as important as a deposition, and the injured client’s deposition can play a valuable role in the outcome of a case. The attorneys at Saladino & Schaaf, PLLC understand the ins and outs of depositions taken under Kentucky law and how to prepare our clients for their depositions in order to help maximize the compensation they deserve.
Why Do Depositions Matter?
Rule 32.01 of the Kentucky Rules of Civil Procedure primarily authorizes litigants to use depositions to contradict the testimony of the deposed person at a hearing or trial. However, there are several situations in which a deposition can be used for other purposes.
First, the deposition of the individual who was an officer, director, managing agent, or who was otherwise designated to testify on behalf of a corporation or business can be used by the person suing that corporation or business.
Second, Kentucky law allows the use of a deposition by any party for any purpose if the witness is more than one-hundred miles from the court. In this sense, depositions are an important tool for preserving testimony that is important to prove a case.
Finally, a deposition can be used by either party if the witness is a medical professional such as a physician or dentist. The testimony of a medical professional may be necessary in a personal injury action. This rule ensures that their testimony will be available while also allowing these medical professionals to focus on their professional responsibilities.
When Are Depositions Taken in Kentucky?
Rule 30.01 of the Kentucky Rules of Civil Procedure sets different standards for when a plaintiff can take a deposition and when a defendant can take a deposition. A plaintiff can take a deposition without leave of court only after thirty days have expired since the plaintiff served the summons on the defendant. The same is not true of defendants. A defendant can take a deposition either after serving a notice of taking a deposition or seeking discovery in the case.
Preparing for the Deposition
Depositions can be intimidating. Most injured clients have never encountered situations like this before, and it’s uncommon for most people to face persistent questioning in a setting where they are required to respond. However, a witness’s nerves can be calmed by prepping for the deposition with his or her trusted counsel. What follows are several ways an attorney can help prepare their client for the deposition.
Know What to Expect
The attorney will help the client understand the purpose of the deposition and review the relevant facts in the case. This may mean reviewing emails, reports, memos, or other important documents in the case.
Conduct a Mock Deposition
The attorney may want to prepare a mock deposition at which the attorney can ask questions he or she expects opposing counsel to ask of the client. This mock deposition helps the attorney plan for the deposition while ensuring the client is not caught off guard by difficult questions from defense counsel.
Mind Your Q & A’s: Practicing Good Deposition Conduct
It can be tempting to think of a deposition as a conversation with consequences, but there are rules that are important both for the result and as a matter of courtesy:
- Take a Pause: It’s important to pause and take a second before answering a question in the deposition. This will help ensure that the transcript is accurate, and allow the deponent to answer honestly and accurately.
- Tell the Truth: Lying can be the biggest mistake a person can make in a deposition or legal proceeding. Your credibility is important and any false or misleading statements could potentially harm the case.
- Answer the Question Asked: Make sure to answer the questions completely and honestly, and try not to volunteer extra, unsolicited information.
- Avoid Guessing: Do not venture a guess if you do not know the answer the question. “I don’t know” is a perfectly acceptable answer if it is the truth.
- Calm, Cool, & Collected: There may come an instance in which the attorney attempts to rattle the deponent by using silence or asking repetitive questions. It’s important to remember that the plaintiff’s tone may impact his or her credibility.
Call the Personal Injury Attorneys at Saladino & Schaaf
Depositions present a uniquely challenging environment for deponents, placing them under intense scrutiny by a skilled attorney. Understanding the procedure, how it works, and how to prepare can protect your case and help maximize its value. An experienced attorney can help guide you through this process.
If you or a loved one have been injured in Kentucky, don’t hesitate to reach out. Saladino & Schaaf, PLLC can help you understand your rights and explore your options. We’re committed to getting you the compensation you deserve. Call us at (270) 444-0406 or (270) 753-1529 for a free consultation. Our offices are conveniently located in Paducah and Murray.