How to Use Deposition by Written Questions in 2023
What is Deposition by Written Questions?
Deposition by written questions (DWQ) is a form of legal discovery that allows attorneys to present questions to witnesses outside of the courtroom. This type of deposition is typically conducted in civil cases. Questions are asked in writing, and answers are provided in writing as well. DWQs are also sometimes referred to as written interrogatories or simply interrogatories.
Advantages of Deposition by Written Questions
Using DWQs can be advantageous in a number of ways. First, they allow attorneys to prepare their questions ahead of time, giving them time to think through the questions and to anticipate what answers the witnesses may provide. Second, DWQs can be used to explore topics in greater detail than is possible during an in-person deposition. Third, DWQs can be used to ask questions of witnesses who are not able to physically attend the deposition, such as witnesses who are located in another state or country.
Disadvantages of Deposition by Written Questions
There are also some potential downsides to using DWQs. First, it can be difficult to assess the credibility of answers provided in written form. Second, the process of sending and receiving questions can be slow and may delay the overall timeline of the case. Third, the process of reviewing and answering written questions can be costly for both the attorney and the witness.
Preparing for a Deposition by Written Questions
If you are an attorney preparing to send DWQs, it is important to take the time to craft thoughtful and well-organized questions. Questions should be brief, clear, and specific. You should also be sure to include any relevant documents that may be necessary to answer the questions. It is also important to include a deadline for when the witness must respond.
Responding to Deposition by Written Questions
If you are a witness who has been asked to respond to DWQs, it is important to take your time and make sure that your answers are accurate and complete. You should also be sure to include any relevant documents that may be necessary to answer the questions. If you are unsure about how to answer a particular question, you should seek the advice of an attorney.
Conclusion
Deposition by written questions (DWQs) can be a useful tool for attorneys to explore topics in greater detail than is possible during an in-person deposition. However, it is important to consider both the advantages and disadvantages of this form of legal discovery before using it. In addition, both attorneys and witnesses should take the time to prepare thoroughly for the process.
Frequently Asked Questions
Q: What is the difference between DWQs and interrogatories?
A: Deposition by written questions (DWQs) is a form of legal discovery that allows attorneys to present questions to witnesses outside of the courtroom. Interrogatories are also questions asked in writing, but they are limited to gathering information about the parties to the case and do not involve witnesses.
Q: How can I assess the credibility of answers to DWQs?
A: It can be difficult to assess the credibility of answers provided in written form. However, attorneys may be able to cross-examine witnesses at a later hearing or trial in order to verify their answers.