Deposition

A deposition is sworn testimony given outside of court, usually in a conference room, where attorneys ask questions and a court reporter records every word. The witness (which may be the patient, a family member, a former coworker, a company representative, or a medical expert) answers under oath, and the transcript (and often a video) can later be used at trial. Depositions are a central part of the discovery phase of a lawsuit.

Origin

The word comes from the Latin depositio, meaning "a laying down" or "setting down," reflecting the idea that the witness is laying down a formal record of what they know. Depositions as a structured pretrial procedure developed in Anglo-American civil practice and were codified in the U.S. Federal Rules of Civil Procedure in 1938.

Significance in Asbestos Context

For a patient with mesothelioma or another asbestos disease, the plaintiff's deposition is often the single most important piece of evidence in the case. It is where the patient describes, in their own words, every job, jobsite, product, and exposure they can recall. Because asbestos diseases can be rapidly progressive, courts often expedite ("preserve") the plaintiff's deposition so the testimony is locked in even if the patient becomes too ill to testify at trial. Depositions of former coworkers, company corporate representatives, and product-identification witnesses are also used to tie specific asbestos-containing products to specific jobsites and time periods, which is essential to proving exposure against each defendant.

Example Sentence

Because his oncologist warned that treatment would soon make travel difficult, the law firm arranged for his deposition to be taken at his home over two half-days so he could rest between sessions.

Related Terms

Discovery, Product Identification, Interrogatories, Subpoena, Trial Preservation Deposition, Corporate Representative

Notes

• Before your deposition, spend time with your attorney reviewing your work history year by year (job titles, locations, supervisors, trades you worked alongside, brand names of products, and any military service) because specific details (not guesses) are what hold up under questioning.
• Gather and bring to your prep sessions any documents that help your memory: union records, Social Security earnings statements, military DD-214, old pay stubs, photos of jobsites, and tools or product packaging if you still have them.
• If you become too fatigued or symptomatic during the deposition, tell your attorney. Breaks are allowed, and in serious illness cases depositions are often scheduled in shorter segments over multiple days.
• Ask your attorney whether your deposition will be videotaped; in asbestos cases it usually is, so that a jury can see and hear you later even if you cannot attend trial.
• Family members may also be deposed about household exposure (for take-home cases), the patient's symptoms, or loss of consortium, so spouses and children should be prepared as well.