A deposition is sworn testimony taken outside of court, usually in a lawyer's office. Your answers are recorded and can be used later in the case.
Who attends
Typically the witness, the lawyers for both sides, a court reporter and sometimes a videographer. There is no judge present. Your lawyer can object to questions but you usually must still answer unless an objection involves privilege.
Tips for answering
- Tell the truth.
- Listen to the whole question and pause before answering.
- Answer only what is asked.
- Say "I do not know" or "I do not remember" if true.
- Ask for clarification or a break if needed.
- Do not guess or speculate.
How to prepare
- Review documents related to the case with your lawyer.
- Practice answering questions.
- Dress professionally.
- Arrive early and bring requested documents.
- Get adequate sleep and stay calm.
After the deposition
You can usually review the transcript and correct errors, within a deadline. Your testimony can be used to impeach you at trial if you later change your story, so accuracy matters.
Frequently asked questions
How long does a deposition last?
Often a few hours, but it can be longer in complex cases.
Can I refuse to answer?
Only for specific reasons such as privilege, and your lawyer can guide you.