Depositions in India
When it comes to taking the deposition of a witness in India, it is crucial to understand what types of depositions are permissible by the court when it comes to the evidentiary value of the testimony. India’s courts have relied heavily on corroboration of witness testimony. Testimony given by a witness must be carefully evaluated to rule out any coaching or embellishment. This is because India’s courts have required corroboration of testimony and have even rejected testimony in part or in full.
Tips to Follow
While preparation is key to taking a deposition successfully, it is just as important to become familiar with the process of deposing a witness and the various rules governing depositions in the appropriate jurisdiction. Some basic points that will help you whilst preparing for a deposition includes:
- Ensuring that a competent court reporter is retained and has all of the needed information;
- Make sure all documents being used as exhibits are in order;
- Review and rehearse any difficult terms that will be used during the deposition;
- Write out points of questioning in order, ensure that they are bulleted and brief;
- Keep your questioning short to ensure the deponent does most of the talking;
- Strike out points that are covered during the deposition to stay on track.
Keep away from putting together a strict outline, as a deposition can sometimes go on tangents during testimony. This can help make the deponent comfortable so that they reveal information unprompted. Additionally, do not underestimate the power of silence. A fantastic tool to get your witness to ramble is to stay quiet and be a good listener, as they may divulge information that could lead you to important evidence. Be sure to turn the deposition into a conversation, to allow for a better flow of information. Do not let push-back or objections from opposing counsel sway you during your questioning.
If you need litigation support on a domestic or international lawsuit, contact Ancillary Legal today. If you need assistance with depositions, transcripts, or court reporting; contact us at Elizabeth Gallo Court Reporting today.