Alabama Private Investigator Practice Exam

Should a report be referenced during a deposition?

1. Yes, it is recommended

2. No, it is unnecessary

3. Only if requested by the lawyer

4. Yes, but only if it is a criminal case

The correct answer is: No, it is unnecessary

In depositions, reports may not be deemed necessary for reference if the testimony can stand independently based on the deponent's knowledge and recollections. The primary purpose of a deposition is to gather information through questioning, allowing the witness to provide answers based on their own observations and experiences. While reports might provide context or specific details, they are not always required to substantiate a witness's testimony. It is important to note that there may be situations where a report could be useful or relevant, particularly if it contains facts that the witness is expected to recall. However, the general guideline is that reliance on a report can sometimes complicate the testimony, as it introduces additional layers of information that may not be necessary for the deponent to convey their perspective or factual account. Contextually, referring to a report might also create concerns about leading questions or suggestive reasoning, drawing the deposition away from the core purpose of assessing the witness's unmediated perspective. Therefore, unless it is a clear and essential part of the testimony or requested for clarification, referring to a report can be considered unnecessary.