The deposition or EXAMINATION BEFORE TRIAL (EBT) will be the first time that you will be seen by the other side. It is probably the most significant chapter in the litigation. In addition, this is the first time we will see the defendant. The EBT is a informal hearing held outside of the courthouse, usually in an attorneys office or a neutral location. It is informal in the sense that there is no judge or jury present. The plaintiff will be questioned by the attorney for the defendant and then we get to question the defendant. The only people present are the parties and their attorneys, a stenographer who records precisely every word said, and if necessary an interpreter. Eventually we will receive a transcript of what our client says and the client is then given an opportunity to review the transcript and make certain that it is factually accurate. Modifications may be made in writing if need be.
Since the EBT is so important to the suit we have our client into the office on the day before the EBT is scheduled. At that time, we spend as long as is necessary to review with our client the facts of the accident, the injuries and many other areas in which we believe you may be questioned. From our experience, meeting in advance with our client will help our client refresh their recollection of the accident and provides them with the confidence and knowledge that they need to do their very best at the EBT.
Additional steps of filing a New York civil lawsuit.
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