Deposition

What is a deposition?

A deposition is live questioning under oath, conducted outside court and usually in a conference room. No judge is present, and your attorney attends throughout.

Everything is transcribed, and depositions are often recorded on video as well. The transcript becomes part of the case record.

For most injured people it is the single most significant event in the litigation, because it is the defense's first sustained assessment of them as a witness.

The setting is informal but the testimony is not. You are under oath exactly as you would be in a courtroom, and the transcript carries the same weight.

What are you asked about?

Questioning covers the incident and everything the defense believes bears on it.

• Your background, education and employment history
• A detailed account of how the incident occurred
• Every injury, symptom and course of treatment
• Prior injuries, accidents and claims
• How the injury affects your daily activities and work
• Statements you made at the scene or to insurers

Why is a deposition so consequential?

Because it fixes your account. Testimony given here can be read at trial to contradict anything you say differently later, even where the change is innocent.

It also drives settlement evaluation. Defense counsel reports back to the carrier on how you presented, and a credible, consistent witness raises the value of a case regardless of the documents.

Absolute statements are the common trap. Saying you can never do something invites surveillance showing you doing it once, which is why accurate descriptions serve better than sweeping ones.

Video matters here too. A transcript conveys words while video conveys demeanor, and juries respond to both.

How should you prepare?

Your attorney will meet with you beforehand to review the records, the likely questions and the ground rules. That preparation matters more than any technique.

The core discipline is simple. Listen to the whole question, answer only what was asked, and say you do not recall when you do not.

Pauses are fine and there is no benefit to speed. If your attorney objects, stop and wait for direction before continuing.

Common questions

Can I refuse to answer a question?

Rarely, and only on your attorney's instruction, typically over privilege. Most objections are noted for the record while you still answer.

Will the defendant be there?

They may attend, as parties are generally permitted to be present. In practice defense counsel appears more often than the defendant personally.

How long does a deposition take?

It varies with case complexity, commonly running a few hours. Serious injury cases with extensive treatment can take longer.

What should I wear and how should I behave?

Dress as you would for an important appointment and answer calmly. The defense is assessing how you would present to a jury, so composure and consistency matter as much as the content of your answers. Preparation with your attorney covers the likely questions, the records that will be referenced and the ground rules, and it matters more than anything you could do on your own beforehand.