What is a Deposition in Minnesota?

Legally reviewed by:
Knutson and Casey Expert Legal Team
November 4, 2024

If you or someone you love has been injured due to the careless or negligent actions of another person, it may be necessary to file a personal injury lawsuit against the at-fault party to recover the compensation you need. This legal claim can be a complicated process, and an injury victim should secure a knowledgeable and experienced personal injury attorney to help them with the legal problems in their case. Depositions are a valuable part of the personal injury lawsuit process and it is important to understand their purpose.

A deposition is a vital part of the legal discovery process in Minnesota, often used to gather crucial information before a trial. In Minnesota, depositions allow attorneys to question witnesses or involved parties under oath, giving both sides a clearer picture of the facts. At Knutson + Casey, we can guide you through every step of this process, helping ensure that you’re well-prepared and fully informed before answering any questions under oath.

What is a Deposition in Minnesota?

Even though most personal injury claims are settled out of court, that does not mean that both the injured party (plaintiff) and the at-fault party (defendant) will not go through the motions of getting ready for a court hearing or full trial. One portion of preparing for a personal injury case or bench trial is taking depositions of witnesses. A court reporter is present to document the proceedings.

A deposition gives attorneys from both sides of the case an opportunity to pose questions to any possible witnesses who have pertinent information to the personal injury case. Depositions typically involve a direct examination where attorneys ask questions directly to the witness. Attorneys will pose various questions about the details, facts, circumstances of the incident in question during this oral examination.

Anyone asked to submit to a deposition will receive a first notice of deposition, usually via certified mail or their attorney. This is not something that is optional – it is an order from the district court itself. Depositions are given under oath, which means that those being questioned must give truthful answers to the best of their ability. Everything said in a deposition will be recorded and can be used in the court case.

Why are Oral Examinations Important?

Depositions are important in civil procedure because they give any witness the opportunity to give testimony on the record about their version of events concerning certain circumstances of the incident. Cross examination allows attorneys to challenge the testimony of witnesses. Depositions create written records that could be used in a trial to refute or support any testimony given in front of a judge or jury. Depositions allow for anybody involved in the incident to be questioned by attorneys, including any third-party witnesses.

Depositions give a person the ability to share the facts and circumstances of the case in their own words. All parties involved, including attorneys and witnesses, play crucial roles in the deposition process. Attorneys from both the claimant and the opposing party will evaluate the evidence presented and strengths and weaknesses of their cases as they make the choice about whether or not to advance to a trial or civil case or work on a settlement.

How Should You Act in Court Proceedings?

Typically, depositions take place in an attorney’s office and not in the courtroom. If one party fails to attend, the court may require them to compensate the other party for expenses.

A deposition notice can be a written request directed at a public or private corporation or person designated, requiring them to designate a representative to testify. Parties may submit written questions for the witness to answer if they cannot attend the oral examination. Depositions can be stressful, but there are some basic tips for deposition conduct that you will review with your attorney:

  • Be polite, be professional. It is important to arrive at your deposition on time and that you are well-dressed and well-groomed. Be polite to the other parties present, but avoid small talk.
  • Stick to the facts. When an attorney asks you questions, your answer should be clear and concise. Answer only the questions asked and stick to the facts as you know them. You can ask for clarification on anything you do not understand.
  • Take your time. Do not rush your answers to the questions posed. Take your time and give well thought out and truthful answers. Let the other attorney finish their question before you answer, and give your attorney time to object if necessary.
  • Do not lie. You are under oath during a deposition. Failing to be truthful could result in legal consequences for you, and it will hurt your case. Stick to the facts, answer honestly, and do not be afraid to say, “I do not recall,” if there is a question you do not know the answer to.

Depositions are valuable tools that can be used in your personal injury case, but it is important that you fully prepare for the deposition with your attorney beforehand.

Knutson + Casey Can Help You Navigate Your Deposition

Preparing for a deposition can be intimidating, especially if you’re facing it as part of a personal injury case. At Knutson + Casey, we understand the pressure and uncertainty you might feel and are here to provide clear, experienced guidance every step of the way. With decades of service in Minnesota state courts, our team has a solid track record of helping clients prepare effectively for depositions, ensuring they feel informed and confident during this critical part of the legal process.

We take the time to explain every aspect of a deposition so you know exactly what to expect. Our team works closely with you to review the details of your case, refine your responses, and prepare you for any questions that may arise. If you’re looking for dependable legal support to help you through a deposition or other aspects of your case, contact Knutson + Casey at (507) 344-8888 or reach out through our contact form. When you reach out, we can schedule a confidential consultation with you and one of our talented attorneys.

Knutson+Casey

LEGALLY REVIEWED BY

Knutson and Casey Expert Legal Team

November 4, 2024

At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.