Surviving a Deposition?

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 What is a Deposition? Under the court rules, the attorneys for the different parties must provide what is known as discovery. The clients must answer written questions, under oath, posed by the adversary attorney. These are called interrogatory questions. The parties can also be required to produce documents under a formal written request to produce documents. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. In some cases, questioning under oath before a court reporter is held. That is called a deposition, but the costs often exceed $1,000.00. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. You must meet with your attorney prior to the deposition. Also, you must make an appointment to come to your attorneys law office during the week prior to the scheduled deposition in order to view a videotape on taking a deposition. You cannot see the video the same day as the deposition. Please also call the law office at approximately 4:15 p.m. the day before the deposition to confirm that it is still on. Oftentimes the depositions are canceled at the last minute by defense attorneys. If you have answered interrogatories, you should have a copy of your answers to interrogatories in your personal folder. Please carefully review the answers to interrogatories on the day before the deposition. You should be fully familiar with the information which was supplied by way of answers to interrogatories because many of the deposition questions will involve the same information. At the deposition you cannot say- Look in my papers or my attorney has the information. You will be asked questions by the other attorney in front of a court reporter. If this is a person injury case, you should visit the accident site prior to the deposition to help you recall locations of nearby streets and buildings. You should read the article on my website www.njlaws.com with examples of deposition questions asked of the injured person in a personal injury case- http://www.njlaws.com/what_to_expect_at_a_deposition.html CONTACT DOCTORS TO DETERMINE UNPAID AMOUNTS Under NJ Law, you personally will be liable for all unpaid medical and treatment bills. Many MRI facilities and physical therapy centers fail to provide notice of unpaid bills to clients. They sometimes fail to properly submit to insurance, major medical or other available insurances. We highly recommend you call all doctors, hospitals and any other medical providers to determine the unpaid bills and confirm when they sent their bill to the insurance companies. If there is an unpaid bill, have the medical provider send a copy to you, and fax a copy to my office. Under the New Jersey Collateral Source Law, a defendant can never be liable for any bills unless the bill is first submitted to the insurance companies. However, questions will be asked of you during the deposition regarding unpaid bills.