community magazine Community Magazine September 2018 - Page 24

Depositions can be nerve-wracking, but understanding them can help alleviate the stress. Do’s and Don’ts for a DEPOSITION As a Community Association Manager it is likely that sometime dur- ing your career you will be deposed in a lawsuit that your association client is involved in. It might be a simple a collection case, a covenant enforcement case, a slip and fall matter or a major piece of litigation. Depositions are a part of the discovery process and involve the formal questioning of a person who may have information about the subject matter of the lawsuit. Depositions can be nerve wracking and create anxiety, especially if you’ve never been deposed. Understanding the process and players and following our simple Do’s and Don’ts will keep you calm, cool and effective. The process and players By Joseph F. Smith III, Esq. Burg Simpson Eldredge Hersh Jardine, Professional Corp. jsmith@burgsimpson.com 24 In every lawsuit rules of procedure govern how and when depositions can be taken. The attorneys agree on who will be deposed, when and where. Once agreed upon, a subpoena may be issued which mandates your appearance at the scheduled time. The subpoena may also re- quire you to bring certain documents to the deposition. At the deposi- tion you will find: community • September 2018 WWW.CAIWESTFLORIDA.ORG