What to Expect During a Sexual Assault Deposition in New Jersey

If you’re pursuing a legal case as a victim of a sexual assault, the prospect of going through a deposition may be intimidating. By understanding what to expect during your deposition, this can help alleviate much of the anxiety that you may feel. This guide will help walk you through what to expect, your rights, and how to navigate this process.

What is a Deposition?

A deposition is a sworn statement taken out of court as part of the discovery phase of litigation. Both sides will typically give depositions. It allows attorneys on each side to gather information and also assess the strengths and weaknesses of any claim prior to going to trial. Though depositions do not take place during a trial, they are still important and given under penalty of perjury. It is therefore imperative to remain truthful.

Who Will Be Present?

Several parties will be present for your deposition.

• The Victim (deponent): You will give your testimony and explain your side of the story.
• Attorneys: Your attorney and the attorney(s) for the opposing side will be present.
• Court Reporter: An appointed court reporter will record the deposition and create a transcript.
• Interpreter (if required): In some cases, an interpreter may be present if English is not your first language.

There may be additional parties present. This could include a videographer or the opposing party in the claim.

Where Does The Deposition Take Place?

Depositions will usually not take place in a courthouse. They may take place in a law office or conference room in some building. The deposition setting is much less formal than a courtroom.

What Questions Will Be Asked?

Expect to be asked several different types of questions from the opposing attorneys in your case.

• Details of the Incident: Be ready to provide details about what happened, when, where, and what may have occurred prior to the incident.
• Your Background: Many of the questions will cover your personal history. This may include questions about your relationships and what jobs you’ve worked at.
• Injuries and Damages: You may also be asked questions about any injuries or damages related to the assault. Be ready to talk about medical treatments and counseling services you’ve sought. There will also likely be questions about how you’ve been impacted financially.

These types of questions can be very invasive, especially since they will likely be coming from adversarial strangers. It’s important to remain as calm and focused as possible.

What Are Your Rights During a Deposition?

As a victim, you have several rights that you are free to exercise during the course of the deposition process.

• Right to Counsel: You have a right to have your attorney present during your deposition. Your attorney is there to protect your interests.
• Right to Breaks: Depositions can be grueling, even in the best of circumstances. You have the right to request breaks if you feel as though you need them.
• Right to Refuse Improper Questions: It is possible, and even likely, that you may be asked irrelevant, harassing, or even inappropriate questions during your deposition. Your attorney can object to these questions so that you don’t have to answer.
• Right to a Trauma-Informed Process: Courts often recognize the sensitive nature of discussing sexual assaults. They will aim to minimize the prospect that a victim will be re-traumatized as a result of their deposition.

It is important to always listen to your attorney and follow their careful guidance during the course of your deposition.

Tips for Preparing for Your Deposition

In order to reduce stress and have the best experience possible, there are several measures that you can take to prepare for your deposition.

• Work with your Attorney: You should practice answering questions with your attorney in order to help familiarize yourself with the process.
• Review Key Facts: You can go over the timeline and details about what happened.
• Take Care of Yourself: Any deposition can be emotionally taxing. Be sure to take time for activities that can help relieve stress.
• Dress Appropriately: Though depositions are not as formal as court proceedings, it is still important to wear clothes that are professional and comfortable.
• Stay Composed: Be sure to take your time when it comes to answering questions. A deposition is not a race.

If you feel overwhelmed or uncomfortable at any point during the deposition, you have the right to take a break.

Getting Legal Help for a Sexual Assault in New Jersey

Hiring a skilled personal injury attorney is a key part of having a successful deposition and achieving a positive outcome for any civil lawsuit. Your attorney will help with many functions, including objecting to improper questions. They can also advocate for a deposition environment that doesn’t re-traumatize you and prioritizes your well-being.

If you or someone that you care about has been the victim of a sexual assault in New Jersey, you may have legal recourse. Our team of New Jersey sexual assault attorneys at Beninato & Matrafajlo is here for you. We will guide you through the entire legal process, including your deposition. Your well-being and interests are our top priority. Whether you just have legal questions or are wondering how an attorney can help with your situation, we are here for you. You can reach out to us anytime at 908-355-7100.