Our present-day legal system can sometimes be complicated. Justice is open for all but has important beginning steps. Before reaching any decision, the discovery process is a very tedious task.
Extraction of truth is a crucial choice—deposition vs. interrogatory. But what is a deposition? And interrogatory?
it helps to understand the entire discovery process. Read the following facts and understand more.
Table of Contents
What Is Discovery Process?
Discovery is a stage of gathering details and facts that would prepare a lawsuit for a hearing. During this stage, involved parties get the equal privilege of requesting information from one another.
Information or facts obtained may be in written or in oral versions.
What Is a Deposition?
The oral discovery method is also known as a deposition. This is a verbal question and answer between a lawyer and a witness under oath. The responses are either tape-recorded or written down by a court reporter.
All testimonies gathered during a deposition session can become evidence for the case.
What Is Interrogatory?
The written discovery method is also called the interrogatory. Here, the witness under oath must answer a set of questions sent by the other camp within specific days.
Despite the limited number, the questions can be comprehensive and demand third-party information.
Interrogatory vs Deposition: How Do They Compare?
It is critical to understand the differences between these two methods of discovery. The goal of interrogation and depositions is to establish the truth in a case. They do, however, vary considerably. Let us cover at least three significant ones.
First, is the comparison of how they use questions.
Questions asked in depositions are all verbal and may at times be spontaneous. There’s no limit to the number of questions asked until the lawyer decides to finish. On the other hand, interrogatory uses a limited number of written questions. Since they are not spontaneous, witnesses can take the time to answer them with caution.
The second comparison concerns the quality of useful information they obtain.
All transcripts and documents in a deposition setting will yield general information. While in the interrogatory setting, a transcript may contain more than just the witness’s personal testimony. It may include significant third-party information or documents.
An example can be details of insurance in a deposition for car accident. But remember that lawyers and witnesses can craft their answers for interrogatories.
The third comparison will be the settings of these discovery procedures.
A deposition is a live session with only the witness, the opposing lawyer, and the court reporter. But it is more expensive. An interrogatory is simply an exchange of interrogatories and documents, that can be digital or physical.
What to Use?
Depositions are applicable when we want to have direct impressions of the character and credibility of a witness. The element of surprise can define a natural response.
Deposition can also be a preview of what a witness will have to say on trial since it is attested. Depositions explain a witness’s point of view. And if the witness is unavailable in court, the transcript is credible to “testify” for him.
Interrogatives can extract more comprehensive information than what a witness could recollect. It can compel third-party documents and pieces of information when we have limitations to ask a person.
Your Choice of Advantage
In our society, one who understands well has the edge. What is deposition? What is interrogatory?
If you want to have the edge, know more about this process. It’s your choice: interrogatory vs deposition.
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