The attorneys for those named in a lawsuit are granted the right to investigate the circumstances of the case, the process is called “discovery.” Discovery includes issuing a subpoena to gather documentary evidence, submitting an interrogatory, which is when questions are submitted in writing and a deposition which is getting oral statements from someone that is under oath.
In the case of deposing an individual in the same jurisdiction as the court, it is a simple matter of inviting the individual to the attorney’s office. In many cases the individual to be deposed does not live in the country. In a case like a foreign deposition subpoena is served in the jurisdiction where the deposition will be conducted.
The difference:
In cases where the individual to be deposed lives in the same state as the court that is hearing the case, the rules that have to be followed are those followed in the state. In the event the deposition is to take place elsewhere, the process is different.
In the case of a foreign deposition subpoena, all rules of the state in which the action is must be complied with. The attorney must be granted permission by the trial court to depose an individual that lives out of state and then, the attorney must apply to the foreign court to issue a subpoena in full compliance with their rules. As neither two states nor foreign jurisdictions have the same rules of civil procedure, the attorney must undertake considerable research to ensure that the rules are followed and that all documents are in order.
Regardless of where the deposition takes place, it is serious business, and what is said or disclosed by the deponent can be extremely important during the trial. During a deposition questions can be asked that may not be allowed in court, whether the answers will be allowed or not is decided later by the judge hearing the case.
