What to Expect in a Deposition

Facing a deposition for the first time can be daunting. Many people feel anxious or overwhelmed at the thought of being questioned under oath in a setting outside the courtroom. If you share those feelings, you’re not alone.

With proper preparation and legal support, you can confidently approach your deposition, knowing you’re fully prepared for what’s ahead. These sessions are designed to clarify facts and help resolve everything from car accident claims to medical malpractice disputes.

Here’s what to expect during a deposition, how to prepare, and how St. Louis personal injury attorneys can guide you through the process.

The Purpose of a Deposition

A deposition is a formal process during which lawyers from both sides question a witness or someone involved in a case under oath. It typically takes place outside the courtroom in an attorney’s office or a conference room at a neutral venue.

Depositions usually occur before or during a trial to gather information, clarify facts, and record testimony. The testimony given can later be used during the trial if needed, making it an important part of building the case. These sessions allow attorneys to:

Assess the credibility and reliability of witnesses
Obtain detailed accounts of events related to the case
Lock in testimony that attorneys can later use during trial or negotiations
Gather evidence that may support or refute claims made in the case

Inside the Deposition: What Happens and Who’s Involved

A deposition typically involves several participants, including the witness, the plaintiff’s and defendant’s attorneys, and a court reporter.

The Witness: Also referred to as the deponent, the witness answers questions under oath. While their attorney may object to some questions, the witness usually has to respond unless instructed otherwise.

The Attorneys: Both the attorney calling for the deposition and the opposing attorney ask questions. The process starts with basic details, such as the witness’s name and role, before moving to more specific topics.

The Court Reporter: A court reporter records everything said during the deposition, creating a transcript for later use in court or negotiations. They initiate the deposition by swearing in the witness.

Addressing Your Concerns: What You Need to Know

Many people have questions and concerns when they learn they will be deposed, including:

How Long Does a Deposition Take?

The length of depositions varies with case complexity and the number of questions. While some depositions last only a couple of hours, others may take a full day or longer. Your attorney can give you an idea of how long to expect based on your case.

What Types of Questions Will Be Asked?

The questions you face will vary depending on the nature of your case, but they often focus on your personal background, your version of the events, and any relevant details you know about the situation.

For example, if you’re involved in a car accident case, you might be asked:

Can you walk me through the moments leading up to the collision?
What was the position of other nearby vehicles before the crash?

In a medical malpractice case, the questions could include:

What symptoms did you report to your doctor during your first visit?
How long did it take for you to receive a diagnosis after your initial consultation?

For cases involving slip-and-falls, you may be asked:

Were there any warning signs posted in the area where you fell?
Can you describe the lighting conditions in the stairwell at the time of the accident?”

Your attorney will review these types of questions with you beforehand, ensuring you are prepared to give clear, accurate responses.

Will My Answers Impact My Case?

Yes, your deposition testimony can impact the case. It’s important to answer questions truthfully and carefully, as inconsistencies between your deposition and trial testimony can harm your credibility. Your attorney will help prepare you so that you can give clear and accurate answers.

How to Prepare for Your Deposition

Proper preparation is key to having a successful deposition. Here are some practical tips to help you get ready:

Review Relevant Documents: Before your deposition, review any relevant documents, evidence, or records related to your case. This can include medical records, insurance forms, or photos from the scene of an accident. Being familiar with the facts will help you answer questions accurately and confidently.

Practice Answering Questions: Your legal team will likely conduct a mock deposition to help you practice responding to questions. This preparation will help you feel more comfortable and confident during the actual deposition.

Stay Composed and Calm: Participating in a deposition can be stressful, but staying calm and composed is crucial. Take your time when answering, and don’t hesitate to ask for clarification if a question is unclear.

Be Honest: Always tell the truth during a deposition. Even if a question feels uncomfortable or seems irrelevant, you are under oath, and honesty is critical. If you aren’t sure of an answer, you can say, “I don’t know” or “I don’t remember.”

Listen to Your Attorney: Your attorney is there to protect your interests during the deposition. If an objection is raised, pause and wait for their guidance before responding. They will ensure that any improper questions are handled correctly.

What to Expect in a Remote Deposition

With the increasing use of virtual legal proceedings, many depositions are now conducted remotely via video conferencing platforms. While the process remains largely the same, there are a few additional considerations to keep in mind for a remote deposition:

Technology Setup: Ensure your computer, camera, microphone, and internet connection are working correctly. Test everything before the deposition to avoid any technical glitches during the session.

Setting: Choose a quiet, well-lit space where you won’t be interrupted. Make sure your background is neutral and professional to maintain the formality of the legal process.

Documents: Have relevant documents readily available, either in digital form or printed out. Your attorney will guide you on how to access or share them during the deposition.

Legal Guidance: Just like in an in-person deposition, your attorney will be present to support you and handle objections. They can communicate with you privately via chat or text if necessary.

Navigate Your Deposition With Confidence and Legal Support

Depositions are crucial in civil litigation, serving as a means to gather information and evaluate witness credibility. By understanding the deposition process, preparing thoroughly, and collaborating with experienced St. Louis personal injury lawyers, you can deliver a confident and accurate testimony for your case.

Blog