What is an Examination Before Trial?
An Examination Before Trial (EBT), also called a deposition, is a formal step before trial where lawyers from both sides question the other party under oath.
There is no judge or jury in the room. The purpose is to collect facts, figure out who may be responsible, and understand any damages before the case reaches trial.
What Happens During an EBT?
An EBT usually happens at an attorney’s office, a court reporter’s office, or sometimes at the courthouse.
The people there include the parties involved, their lawyers, and a court reporter who writes down everything that is said. If necessary, a professional interpreter can also attend.
Testimony at an EBT is given under oath, so it has the same legal importance as testimony in court.
Even though the setting is less formal than a trial, this step is a key part of the pretrial discovery process in any personal injury case.
The 3 Parts of an Examination Before Trial
| Part | Focus | Common Questions |
|---|---|---|
| 1. Background Information | Who you are and how the incident affected your life | Who you live with, employment history, educational background |
| 2. Liability | The facts that underlie your claim | What happened before, during, and after the incident |
| 3. Damages | The injuries and losses you suffered | Physical injuries, medical expenses, lost wages, pain and suffering |
Part 1: Background Information
The first part of an EBT covers background information. This section is not meant to be intrusive. The opposing attorney just wants to learn who you are and how the incident has affected your daily life.
Common topics during this section include:
- Who you currently live with.
- Your past and present employment.
- Your educational background.
Part 2: Liability
The second part looks at liability, which means the facts that support your claim. These deposition questions help determine if the defendant is legally responsible for your injuries.
For example, if you were in an accident, common questions might include:
- What was happening right before the accident?
- How did the accident happen?
- What did you do after the accident?
During this part, make sure to clearly explain what the defendant did wrong. Remember, the questions about liability can be very different depending on the type of claim you have.
Part 3: Damages
The last part of an EBT looks at your damages, which are the injuries and losses you have experienced because of the incident. Common types of damage are:
- Physical injuries and medical expenses
- Lost wages from missed work
- Pain and suffering
- Long-term disability or disfigurement
The damages you have suffered play a big role in determining the value of your case. Be sure to clearly explain to the attorney how the incident has affected each part of your life.
How to Prepare for Your EBT
Getting ready for an Examination Before Trial can really impact your case. Here are some important steps to follow before your deposition:
- Review the facts: Go over the details of what happened with your attorney before the EBT.
- Be honest: Your testimony is under oath, so it is important to be accurate.
- Listen carefully: Only answer the question you are asked. Do not offer extra information.
- Stay calm: The other attorney may ask tough questions. Take your time before you answer.
- Know your damages: Be ready to explain how the incident has affected your work, health, and daily life.
Speak With a New York Personal Injury Attorney Today
Learning what an Examination Before Trial is only the beginning. Having a strong legal team with you through the process can really affect the outcome of your case.
At Greenstein & Pittari, LLP, our motto is “Don’t Be A Victim Twice.”
We guide you through every step of the litigation process, including your EBT, with no obligation.
Call 1-800-Victim2 (1-800-842-8462) to set up a free, confidential consultation with the New York personal injury attorneys at Greenstein & Pittari, LLP.
You only pay if we win your case. That’s our Fee Guarantee.
Frequently Asked Questions
The length of an Examination Before Trial varies depending on the complexity of the case. A straightforward personal injury case may take one to two hours, while more complex cases can last a full day or longer.
In most cases, you are required to answer questions asked during an EBT. However, your attorney may object to certain questions on legal grounds. It is important to have an experienced personal injury attorney present to protect your rights throughout the proceeding.
After the EBT, the court reporter prepares a transcript of the testimony. Both parties review the transcript as part of the pretrial discovery process. The information gathered often plays a critical role in settlement negotiations or trial preparation.
Yes. An Examination Before Trial and a deposition refer to the same proceeding. The term “EBT” is more commonly used in New York, while “deposition” is the term used in most other states.
Yes. Having an experienced personal injury attorney present during your EBT is essential. Your attorney will prepare you beforehand, object to improper questions, and ensure your testimony supports your case effectively.