Michigan-based attorney Cullen McKinney earned his JD from the University of Detroit Law School. A founding partner at Tanoury Nauts McKinney & Garbarino, PLLC, Cullen McKinney represents medical professionals in medical malpractice claims. This representation includes preparing them for depositions.
A deposition is a sworn testimony taken out of court by a witness for the purposes of preserving the witness’ statement or for discovery. Discovery is the formal investigation parties conduct to learn more about the case. Depositions, therefore, are about fact-finding; both parties want to know all the facts before a trial commences.
A deposition can be initiated by either the plaintiff or the defendant. During a deposition, parties present include the witness, the attorneys, a reporter to take written statements, and a person to administer oaths.
The attorneys ask questions about the events and facts relevant to the case, and the witness answers them. While attorneys generally have wide discretion when asking questions during a deposition, the opposing attorney can object to certain questions.
Statements made during a deposition can affect the case during the trial. For example, a physician’s testimony in deposition can form the basis of defense theories or expert opinions.
