Deposition is the act of taking a witness? sworn testimony outside of court. It can only be done in well-defined circumstances. Some jurisdictions recognize an affidavit as a form of deposition.
Usually testimonies are given at court. However, in some instances it is allowed outside of court if it follows prescribed procedures.
Depositions follow a defined procedure in American proceedings. This procedure is defined in Rule 30 of the Federal Rules of Civil Procedure.
The person to give a deposition is called a deponent. This person is usually notified to appear at the appropriate time and place by means of a subpoena. A court official must administer the same oath a deponent would take if the testimony were in court.
The court reporter then makes a word-for-word record of all that is by all parties during the deposition. Today, depositions are also recorded on audio. Also, depositions can now be videotaped.
The attorney who has ordered the deposition begins the questioning of the deponent. This procedure is also called ?direct questioning?.
Nods and gestures cannot be recorded. Therefore, the witness is instructed to answer all questions verbally.
After the direct examination, the other attorneys may begin cross-examining the witness. The first attorney may ask more questions at the end. This process of questioning and cross-examining may sally back and forth until both parties are satisfied.
Depositions are useful in the sense that it gives all litigants in a contested case a preview of the evidence to come. This provides fairness in proceedings since the element of surprise, which is deemed unfair in trial, is eliminated.
Depositions also help preserve a witness' recollection of details while they are still fresh. This can be done even if the trial is a long ways off.
If the witness suddenly dies or becomes unavailable for court proceedings, his or her deposition will be considered part of the record and will be allowed to be read before the jury.
If the testimony belongs to a party or an organization, a deposition will be allowed in court. However, if the testimony belongs to a witness, the witness must appear in court. This is because the defendant has the right to face his or her accuser. If the defendant waives this right, a witness? deposition will be allowed in court.
Sometimes, after a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement, thus avoiding trial and preventing additional costs of litigation.
Deposition provides further legal means of documenting and allowing evidence in court.
The beauty of depositions; however, lies in the fact that this sort of testimony can be studied before court proceedings actually begin. This, therefore, can be used as another weapon in the legal arsenal of either prosecutors or defendants.
Knowing how depositions work and its legal implications is important since ignorance of such proceedings may work against any party.
Even lay people will come to benefit from a good knowledge of such, even if the only visible benefit is being able to understand what terms are being used the next time one watches a court drama on television.
I Take Your Picture
Nothing is more frustrating -- or time wasting -- than to find out that you have been selling to the wrong person! Influencers cannot buy, they can only recommend. A decision maker is the only person that can say yes. Hint: If your proposal needs approval, you are working with an influencer. Decision makers write cheques, approve POs, and sign cheques – or tell someone else to. Generally, decision makers own their budgets. They are likely VP level or higher, including positions such as General Managers, Directors, and “C-Suite" officers.
A decision influencer has no authority to commit the company to spend, sign a contract, write a cheque, or cut a PO. Influencers either don’t have any money in the budget allocated for their own spending, or they don’t have enough money allocated to make a meaningful purchase. Generally influencers are non-managerial employees but in some cases, they may be managers or directors. As a sales director for a large, publicly traded software company I had a $250.00 spending limit. This made it difficult for me to be the decision maker on almost any purchase (except lunch) that I wanted to make for my team.
Yes, it seems easier to deal with influencers rather than decision makers. Generally, influencers are easier to find, easier to access, and on the surface seem more keen to move a project forward. Here is another hint. The more enthusiastic your contact is to move forward, the more they state that they “love your product", and the more excited they are to buy, the less likely they are to be a decision maker. Influencers seem to want to engage with you… and perhaps they even return your calls. Don’t kid yourself though. Decision influencers are just that… influencers, not buyers. And although many influencers seem like helpful allies, in reality they're unwitting enemies. It's not that they want to string you along and block access to the people who can make the purchase. In fact, they may sincerely want to take the deal forward. But chances are they don't have the power or influence to make it happen. To get a derailed deal back on track, you need to gain access to the real buyer by turning your influencer into a coach who can help get the deal done.
Establishing the Right Relationships with New Prospects
First a reminder: To sell effectively, call the highest level of decision maker in your target prospect’s office that is relevant to your product or service offering. What do I mean by relevant? For example, don’t call the CEO if you are selling a $100 solution. Do call the CEO if you are offering an enterprise-wide information management system, or do call the VP of HR if you are offering a retained search service for executives at a $50,000 per placement investment. Make sure you are calling the highest relevant decision maker, not just the highest decision maker. Worst-case scenario result? Your high level contact will refer you to someone else, lower down in the organization. Best-case scenario result? You engage with them and start a sales conversation. Let’s examine what to do if your decision maker refers you to speak to someone else, (lower than them) in the organization.
Decision Maker: “You need to speak to Joe in Accounting about that. It’s his responsibility"
You: Thanks for referring me to Joe. I’ll be sure to call him today.
Decision Maker: Thanks. Joe is your man!
You: I can appreciate that Joe will have a lot of influence on this project. In my experience working with (companies like your prospect) on projects of this scope and investment ultimately the final decision will be made by the VP (use the same title you are calling into.). Is that going to be the case with you?
Decision Maker: Yes, of course I will make the final decision.
You: Super. Thanks for letting me know. How about, that you and I agree to touch base every so often then to ensure that Joe and I are meeting your expectations.
Decision Maker: Sounds great.
You now have an open invitation to call your decision maker at any time during the process without going over anyone’s “head". The above approach works so well you can use it on all new decision making level prospects you are going to call after reading this article!
Dealing With Your Current Prospects
I know you have opportunities in your pipeline today where you are not dealing with the decision maker. You probably know it too… whether you want to admit it or not is a different issue! So, what can you do with all these current deals where you know, or sense, that you are not working with the decision maker? You have three Options:
·Let it ride, cross your fingers and hope it will eventually go your way
·Go over the influencer’s head to jumpstart the deal
·Use your influencer to get the deal moving
Hoping and wishing and praying are never the best sales strategies, so forget about the first option. Option B risks sacrificing the trust and rapport you have built with your contact and their colleagues, which could cause the deal to fail. What you need are the choices and the strong relationship provided by Option C.
That means turning your influencer into a coach. Try the following plan to bring the true decision maker to the table:
You: "I have enjoyed working with you on this project, and I think you have a great vision. My concern is that no one on your management team knows the work you have done, and is not committed to getting the project completed. If this project fails, will any one other than you notice?"
Influencer: "Oh, yes, there are many."
You: "Who?"
Influencer (after a long and uncomfortable silence): "I guess, really, there's no one."
You: "I'm sorry to hear that, but if it's reality, we need to deal with it. What should we do?"
At this point your influencer has two options:
You're right and there's no genuine interest in investigating the deal, in which case you should politely close the file and move onto other prospects; or,
The supporter realizes they must take you to those interested in the deal and able to push it along, i.e., "I guess I need to take you in to see my boss!"
Knowing how to transform influencers into coaches is critical to winning the business. Only decision makers can buy. Using your coach to get to the decision makers will ensure the sales cycle stays rolling. Now it's up to you and the coach to win over the boss.
Both James Monahan & Colleen Francis are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
James Monahan has sinced written about articles on various topics from Health Care, Health and Modelling. James Monahan is the owner and Senior Editor of and writes expert articles about. James Monahan's top article generates over 49500 views. to your Favourites.
Colleen Francis has sinced written about articles on various topics from Sales and Negotiation, Public Relations and Children. Colleen Francis, Sales Expert, is Founder and President of Engage Selling Solutions . Armed with skills developed from years of experience, Col. Colleen Francis's top article generates over 110000 views. to your Favourites.
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