Depositions preserve fresh memories

WHILE I do not support Justice Minister Michael McDowell’s policies on many issues, I agree with his recommendation that the legal system in Ireland adopt a “well-worked out system of depositions”.

For almost 20 years I have worked as a paralegal in defence law firms in Seattle, Washington. Depositions are an almost daily occurrence, and are conducted as routine discovery in every case.

Depositions are scheduled for many reasons — the plaintiff is always deposed, which initially sets out what the contentions and allegations are. Also, doctors and other experts are routinely deposed to determine the nature and extent of injuries, cause of injuries, need for future medical care, etc.

In cancer cases, the plaintiff is always deposed to preserve his or her testimony because in cases of, for example, mesothelioma or lung cancer, the plaintiff has almost always passed away long before the matter goes to trial.

The greatest advantage of taking depositions is that people who are closely involved in a matter, like that of the Laide case, can have their sworn testimony preserved while memories are fresh and facts can be accurately recalled and recorded.

These deposition transcripts can then be presented as exhibits when the matter comes to trial, be it six months or six years subsequent to the event, and the judge/jury can read and review clear, fresh and accurate testimony.

Gaye Walsh

827 NE 100th

Seattle

Washington 98125

US