How long will it take my case to settle if I'm waiting to have my deposition? 9 Answers as of January 04, 2013

And what happens in a deposition and after it is over?

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KEYL ADR Services, LLC | Mark D. Keyl
A deposition is simply where you are questioned by the opposing side in a structured setting. After completion, there really is no time table for continued legal action.
Answer Applies to: Mississippi
Replied: 1/3/2013
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
There is no connection between a deposition and the settlement of a case. A deposition is simply a series of questions that are answered by the person who was asked to sit for the deposition. The deponent answers the questions under oath. The deponent does not get to ask anyone else any questions, except that the deponent can ask for clarification of a question that is asked of him. After the deposition, the court reporter transcribes everything into a booklet. The deponent has a short period of time to make corrections, and those corrections can be pointed out at trial.
Answer Applies to: California
Replied: 1/4/2013
Park Law Offices LLC | Kevin Parks
It's impossible to predict how long a case will take to settle, if there's any potential to settle at all. Often cases tend to settle, if at all, at one of three or four main junctures in the progression of a case: either prior to filing, after filing, once discovery costs begin to accrue, after discovery is completed, or prior to trial. The likelihood that an employment case would settle prior to the (former) employee's deposition is somewhat unlikely, but it depends on the facts and circumstances of the case, as well as your own threshold for settlement discussions, in addition to those of the employer. You should consult with you attorney about what to expect during deposition, as it's important to be well prepared. Afterwards, the case can progress any number of ways, typically including some further discovery, followed by additional pleadings and/or motions, and then ultimately toward trial.
Answer Applies to: Oregon
Replied: 1/3/2013
Law Office of Gregory T. Gibbs | Gregory T. Gibbs
There is no direct relationship between the time a case will settle and the date of your deposition. When a lawsuit is filed, the filing is initiated by a document called a complaint. An answer to your complaint is filed by the defendant between 21 and 28 days after the complaint is served. After the answer is filed the Court will issue a pretrial order which contains dates within which certain tasks in a lawsuit must be completed. The pretrial order will have dates within which discovery is completed which usually range from 90 days to 180 days depending on the Judge's practices. Sometimes discovery can last even longer if the case is complicated or there are unusual circumstances. Depositions are part of the discovery process. In the typical lawsuit,especially if it's an employment suit, once discovery is completed the employer's attorney will file a Motion for Summary Disposition asking the Judge to find that you do not have sufficient evidence to prove your claim. Most pretrial orders require such motions to be filed within 30 days after the end of discovery. If the motion is granted your case will be dismissed. If the motion is denied your case will continue to an alternate dispute resolution procedure (ADR) which is usually a procedure known as case evaluation but can also be a procedure known as facilitative mediation. The pretrial order usually requires these procedures to be 6 to 8 months after the case is filed which is usually 30 to 60 days after the denial of a Summary Disposition Motion. If the ADR process is successful your case will continue to trial which is usually 30 to 60 days after the ADR process is completed. Many cases settle just before trial which usually takes place between 12 and 24 months after the suit is filed. Some judges set settlement conferences shortly before trial to encourage settlement as opposed to trial. If the case isn't settled before trial, the case will go to trial. Some cases settle during trial or after a verdict is entered.
Answer Applies to: Michigan
Replied: 1/4/2013
If you are represented by an attorney, you should ask him/her these questions. If you are in a deposition, and are not represented, you should be. In a deposition, they ask you questions under oath. Anything you say can and likely will be used against you. After the deposition, they may decide your case is worthless, and offer you nothing. Get a lawyer, if you do not have one.
Answer Applies to: Georgia
Replied: 1/3/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Talk with your attorney. He or she is the best person to tell you what is happening with your case.
    Answer Applies to: Idaho
    Replied: 1/4/2013
    Hirsch, Closson, McMillan & Schroeder, APLC
    Hirsch, Closson, McMillan & Schroeder, APLC | Paul Schroeder
    As to the first part of your question, no one can really answer. As to the second part, you should ask your lawyer.
    Answer Applies to: California
    Replied: 1/4/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Marcelo Dieguez
    Generally, at a deposition opposing counsel will ask you a series of questions under oath. The topics include facts regarding your case, your damages, and witnesses. There is no saying whether your deposition will trigger settlement talks or not, as this varies between cases. You should speak with your attorney and ask him/her about the status of your particular case.
    Answer Applies to: California
    Replied: 1/3/2013
    Ken Love Law | Kenneth Love
    1. Without more information there is not way to tell you how long your case will take. 2. A deposition is a process where you will give testimony under oath. You will be asked questions by the other side's attorney about the case which will be documented.
    Answer Applies to: North Carolina
    Replied: 1/3/2013
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