As a business owner, unless you have been involved in a lawsuit before, you likely are not an expert in lawsuits. And, if you are involved in a lawsuit, the entire process likely feels like a blackhole.
In Illinois business litigation, the deposition process is pivotal to gather crucial information, assess witness credibility and strategize for trial. However, when you find out that depositions will begin, you will want to know who at your business needs to worry about being deposed.
The deposition process
Depositions entail out-of-court testimonies given under oath by individuals involved in the facts of the case. In Illinois, this encompasses parties to the lawsuit, corporate representatives, expert witnesses and others with pertinent information to the case. Though, while depositions are conducted under oath, not all testimony may be admissible in court, per the rules of evidence.
Who can be deposed?
First, the parties to the litigation can be deposed. This includes the plaintiffs, defendants and third parties who joined in the lawsuit.
Next are corporate representatives. Illinois Supreme Court Rules permits corporations to designate representatives to testify and provide insights into organizational knowledge.
You can also call expert witnesses. Specialists hired for their expertise in technical aspects relevant to the case can be deposed to offer their insights.
Non-party witnesses can also be deposed. Individuals not directly involved but possessing pertinent information can be compelled to give a deposition, subject to location constraints.
Conclusion
Depositions serve as a vital component of the discovery process in Illinois business litigation. The process facilitates a comprehensive examination of all involved parties and witnesses. It contributes to a clearer understanding of facts and aids in the case’s resolution.
