Let’s Take Depositions

Being a trial lawyer is a great way to serve people who need help in the legal system. It is interesting, challenging and frustrating. 

One of the tools used in a lawsuit is called a deposition. That is where a witness is questioned pre-trial about what their anticipated testimony will be. It is recorded by a court reporter and transcribed into language we all can read. It is then bound into a booklet type binder. 

The deposition can be read under certain circumstances in Court for the jury because the witness giving the deposition is under oath. 

Can We Agree

Setting up the deposition can be easy or can be difficult. In most circumstances the lawyers get together and pick a date to take the depositions. Sometimes witnesses have to be subpoenaed. At other times the lawyer whose witness is going to be deposed agrees to voluntarily produce the witness. 

Which brings me to today. On October 10, 2024 I emailed a prosecuting attorney notifying her that I wanted to take the deposition of three witnesses for the State. In that email I asked the following question, “My first question. Can you get with them and find available dates and then produce them? Otherwise I will have to subpoena them and do not know what will work for them. Please let me know. Thank you.” 

In her response to me she said that November 12 would work for the ladies in question. I called a court reporter and arranged to have the depositions recorded. I filed Notices of Depositions with the Court. 

Oh, You Wanted Me To Produce Them?

Today at 5:29 p.m. I got an email from the prosecutor asking if we are still having the depositions because she did not see any subpoenas issued for the witnesses. 

It seems clear to me that I was expecting her to produce them voluntarily. She never did say she couldn’t. She gave me suggested dates that the ladies would be available. 

This is the frustrating and aggravating side of being a trial lawyer. But rest assured I will make an appropriate and well thought out response.