What Happens at a Deposition

What a deposition is

If your case becomes a lawsuit, at some point the other side’s lawyer will want to ask you questions under oath. That is a deposition. It is part of discovery, the stage of a case where each side gathers the other’s evidence.

There is no judge and no jury. It usually happens in a conference room or over video. In the room, or on the screen, are:

• You, answering the questions
• Your lawyer, sitting with you the whole time
• The defense lawyer, asking the questions
• A court reporter, who swears you in and records every word
• Sometimes a videographer, if the deposition is being filmed

Most injured people are deposed once, for a few hours.

Why it matters

What you say can be read to a jury later, word for word. If your answer at trial is different from your answer at the deposition, the defense lawyer will read the deposition back and ask the jury which version to believe.

The defense lawyer is also sizing you up. They want to know whether you are credible, likable, and consistent, because that is what a jury will see. A good deposition often moves a case toward a fair settlement.

What they will ask about

Expect questions about:

• Your background: work, education, where you have lived
• The crash or the incident, in detail
• Your injuries, your treatment, and the doctors you have seen
• How the injuries affect your work and daily life now
• Your medical history, including earlier injuries to the same part of the body

That last one surprises people. The defense will usually already have your records. Be honest about prior injuries. A prior injury does not end a claim; hiding one can.

The rules that make it go well

1. Tell the truth. Everything else follows from this.
2. Listen to the whole question. Wait until it is finished, then pause before you answer.
3. Answer only the question asked. If the question is “Do you know what time it was?”, the answer is “Yes” or “No,” not the time and the weather and the song on the radio.
4. Do not guess. “I don’t know” and “I don’t remember” are complete answers when they are true. An estimate should be labeled as one.
5. Ask if you do not understand. You are entitled to a clear question.
6. Take a break if you need one. Just answer the pending question first.
7. Stay calm. Some questions are meant to be uncomfortable. A calm, honest answer is the best one.
8. If your lawyer objects, stop and listen. In most cases you will still answer afterward, but the objection is there for a reason.

Preparation

You will not walk into a deposition cold. Your lawyer will meet with you beforehand to go over the kinds of questions to expect, the documents the other side has, and anything that might be difficult to talk about. Those conversations are protected by the attorney-client privilege.

Afterward

The court reporter prepares a written transcript. You will usually have a chance to read it and correct any errors in how your words were taken down. After that, the case moves on, often toward settlement.

Questions?

If you have a deposition coming up, or think your case might be headed toward a lawsuit, call. The consultation is free, and Boyd takes the call himself: (714) 656-2400.