Author: Shelby Benavidez 

Contributing Attorney: Camille Pace, attorney 

TL;DR 

A deposition is sworn testimony given outside of court during the discovery phase of a case. Lawyers from both sides ask questions, and a court reporter records everything you say. Depositions help attorneys gather facts, preserve testimony, and prepare for trial. Most depositions last a few hours, and if you are subpoenaed, you are required to attend. The most important things to remember are to tell the truth, speak clearly, listen carefully, and don’t guess if you don’t know an answer.  

If you’ve never given a deposition, chances are you may not know what it is, how it works, or why it’s such an important part of a case. Let’s take a closer look at depositions. 

A deposition is the giving of sworn testimony that happens outside of a courtroom. Essentially, it’s a question-and-answer session done under oath. This is done during the phase of a case known as “discovery,” where both sides gather information and evidence to build their case. 

In most depositions, the person being deposed will be asked questions by lawyers from both sides of the case. Additionally, there will be a court reporter whose job is to write down every single word that is said. In some cases, there may be a videographer to record the deposition as well. 

What is the Purpose of a Deposition? 

You can think of a deposition as a fact-finding interview. During the discovery process, lawyers are trying to uncover facts about the case. Since depositions are given under oath, they can be used as evidence. 

For example, if someone were involved in a car accident and a police officer showed up to the scene, the attorneys may depose that officer to find out what she remembers about the accident. The officer’s deposition can then be used as evidence for either side of the case. 

Depositions can also be used to prevent someone from having to testify during a trial under certain circumstances. Trials can be very long and are often delayed. If you have a witness who may be unavailable during trial, you can use a deposition to document their statement ahead of time and present it to a jury during trial. 

How Long Do Depositions Last? 

Typically, a deposition lasts from two to four hours, but every situation is different. Some are over in as little as an hour. Some may last an entire day. It often depends on the complexity of the questions the attorneys have to ask, the amount of information needed from a witness, and how cooperative that witness is. Basically, the more cooperative you are with the attorneys in providing honest answers, the quicker you’ll complete your deposition. 

Can You Refuse a Deposition? 

In most cases, no, you cannot refuse a deposition. If you try to avoid it, a lawyer can issue a subpoena, which is a court order requiring your participation. People that refuse a subpoena can be held in contempt of court and face a number of serious legal consequences. If you’vebeen called for a deposition, there is no reason to panic. We’ve got some quick tips that will help. 

5 Tips for Your Deposition 

1) Tell the truth 

At the beginning of every deposition, the court reporter will swear in the witness. This is a promise that you will tell the truth and only the truth. Everything you say will be documented in writing by the court reporter. If you’re caught lying under oath, you could face legal consequences, lose the trust of the jury, and severely damage your case. 

2) Speak Clearly 

As previously mentioned, the court reporter is transcribing everything you say – including every “huh,” “mhm,” and “um”. However, these responses can be difficult for a court reporter to interpret, and they may ask you to repeat yourself.  

Remember, court reporters can only write down words, not gestures. Nodding or shaking your head doesn’t count as an answer. You must verbally answer every question. To save yourself and everyone else time and frustration, do your best to answer every question directly with a “yes” or “no.” 

3) Slow down 

When you’re nervous, it’s human nature to talk really fast. However, this can make it difficult for attorneys and court reporters to understand you. If you speak too quickly, the attorneys or court reporters will likely ask you to slow down or repeat yourself.  

Instead, take a breath and speak at a normal pace and volume. Not only will this prevent attorneys and court reporters from asking you to repeat your response, but it also helps a jury clearly understand your story and process every detail more accurately. 

4) Don’t Interrupt or Speak Over Others 

In a deposition, an attorney is going to ask you several questions. You may feel nervous and ready to get it over with, but it is incredibly important that you allow the attorney to finish their entire question before responding. Because their question may be long-winded, the best practice is to pause once they finish speaking to make sure they don’t have anything else to add. 

This is important for a couple of reasons. First, if you don’t let the attorney finish their question, they will stop you and give you this spiel: “I will give you the respect of not talking over you if you give me the same. Please let me ask the full question before responding. Does that sound fair?” Then, they will repeat the entire question. Second, without knowing the full question, you won’t be able to give an accurate answer. This could mean that you are giving away details of your case that the attorney didn’t think to ask. Finally, the court reporter is transcribing the entire conversation. If you and the attorney are talking over each other, it will be nearly impossible to document the conversation accurately. 

So, again, to save time and frustration, be patient and wait for others to finish their statement before you begin speaking. 

5) Don’t Be Afraid to Say “I Don’t Know” 

Odds are, you aren’t giving a deposition the day after the incident happened – it’s more likely that quite a bit of time has passed. Because of that, you may not remember every detail or know the answer to every single question you’re asked, and that’s okay. 

If you don’t remember or you don’t know, it’s important to be honest. The worst thing that you can do in a deposition is to speculate or lie. If you don’t know, simply say, “I don’t know.” However, this should not be used as a way to avoid answering a question. Remember – you’reunder oath. 

Key Takeaways: Best Practices for Giving a Deposition 

Depositions are a normal and important part of the legal process, even though they can feel intimidating if you’ve never experienced one before. Remember, a deposition is simply a question-and-answer session under oath where attorneys gather information about a case. The best way to handle a deposition is to stay calm, listen carefully, tell the truth, and only answer the question that is asked.  

If you’re scheduled for a deposition, it’s your attorney’s job to get you prepared and help you feel comfortable. Be sure to address any questions or concerns with your lawyer ahead of time. 

Frequently Asked Questions About Depositions 

Do I have to attend a deposition?

Can I bring my attorney to a deposition? 

Yes. If you are a party in the case, your attorney will be present with you during the deposition. 

Can I take breaks during a deposition? 

Yes. You can request a break during your deposition, but you should not discuss your testimony with anyone while a question is pending. 

What should I wear to a deposition? 

You should dress neatly and professionally, similar to how you would dress for a job interview or court appearance. 

What happens after a deposition? 

After the deposition, the court reporter will prepare a written transcript. Attorneys will review the transcript and may use the testimony as evidence in the case or during trial. 

Will my deposition be used in court? 

Sometimes. Depositions can be used in court to challenge testimony, present evidence, or if a witness cannot attend trial.