Deposition

 deposition works a lot like a cross-examination, except that you are not in court when it happens. You’ll probably be in a conference room at a law office. Attorneys for both sides, a court reporter, and perhaps a videographer will be present. One notably absent party will be the judge.

As a witness, a lawyer will ask you questions under oath. Some of your testimony will probably be admissible in court.

Depositions serve the following purposes:

• They help both sides gather evidence
• Deposition testimony can serve to discredit a witness who contradicts their prior statements in court
• You can sometimes use deposition testimony in place of courtroom testimony (for example, if a witness dies between the deposition and trial)
• They allow attorneys to assess the credibility and demeanor of witnesses
• They help narrow the issues in dispute
• They help the parties identify the strengths and weaknesses of each side’s case



These are not necessarily the only reasons a party might demand a deposition.

Pretrial discovery is the evidence-gathering phase that takes place after you file a lawsuit. It is powerful because it allows each side to subpoena evidence that’s in the possession of the other party. If the other party refuses to cooperate, you can ask the court to impose sanctions.

The legal weapons you can use during pretrial discovery include:

• Depositions
• Interrogatories: Written questions that you must answer under oath
• Demands for documents: You might demand to copy a waiver of liability, for example.
• Demands to inspect physical evidence: The other side might demand an independent medical examination of your injuries, for example.
• Requests for admissions: For example, you might ask the defendant to admit they were driving the truck that collided with your car. This can simplify the case.

Discovery often leads to settlement.

Take the following steps (at a minimum) to prepare for a deposition:

• Know the case by heart, including all of the related documents. Review any statements you have made to anyone (the police, insurance adjusters, etc.) to ensure that you don’t contradict yourself at your deposition.
• Ask your attorney to generate a list of questions that the examining attorney might ask you.
• Have your attorney conduct a mock deposition. Tell them not to take it easy on you—be brutal! The more unforgiving your mock depositions, the better you will perform during the real one.
• Don’t talk about the case on social media. The opposing attorney can use it against you at a deposition.
• Get a good night’s sleep before your deposition, and don’t drink alcohol. Depositions are difficult enough to handle without a hangover.

Your attorney should be able to provide you with additional tips.

Following is a list of some of the principles you should observe during a deposition:

• Dress professionally.
• Arrive at least 15 minutes early. You’ll need time to relax and compose yourself.
• Listen carefully to each question. Make sure you understand the question before you answer. If you’re not sure what it means, don’t be afraid to ask for clarification.
• Tell the truth. Lying about anything important could get you into serious trouble. Avoid the temptation to “fill in the blanks” of your memory with fabricated information.
• Be concise. Don’t volunteer any information that wasn’t asked for. In other words, don’t give away free information.
• Don’t let the opposing attorney rattle you. Don’t be intimidated, and don’t get angry. Lawyers are really good at angering people. If you feel your temperature rising, count to 10 before you answer. Conduct yourself respectfully and professionally.
• Don’t answer non-verbally. The court reporter cannot record a nod, for example. You need to respond verbally.
• Take your time. Speak clearly and at a moderate pace. If you need to take a break, ask for one.
• Review the court reporter’s transcript. If you find any errors, tell your lawyer about them immediately.

Your attorney can advise you when you should not answer a particular question (among many other forms of assistance).