Individuals who are parties to a lawsuit have the right to obtain documents or other evidence that the other side may use during the case. In some instances, a party may be able to reconstruct a deleted email or another file that is no longer available in its original form. If an individual is deposed, anything he or she says will be recorded and made available for use during settlement talks or during a trial.
In many cases, an attorney will advise a client to say as little as possible when answering a question. This may prevent opposing counsel from obtaining information that may be used to undermine a person’s position. Depositions can take several hours or several days to complete depending on the circumstances of a given case. Regardless of how long a person is deposed for, it is important that an individual refrains from lying or making guesses.
If it is later revealed that a person lied during a deposition, it may result in a case being thrown out. Those who aren’t sure how to answer a question should ask that it be rephrased or simply acknowledge that they don’t have enough information to do so properly. It is also important to note that lying to an attorney may make it harder for that person to provide adequate counsel.
Those who are involved in civil litigation will likely want to resolve their cases in a timely and favorable manner. An attorney may be able to extract concessions from the other party to the case through a strategic use of discovery. In some cases, the other side may prefer to settle as opposed to revealing details about their personal or professional lives. This may result in a settlement without the need to go to court.