What Is a Deposition?
The deposition process is sworn testimony taken outside of court, usually in a lawyer’s office or conference room. It is part of the discovery process in a lawsuit, where both sides gather information to build their cases. During the deposition process, attorneys ask questions, and the witness or party must answer under oath. A court reporter records everything said to create an official transcript.
Who Is Involved in a Deposition?
Several people may be present during a deposition:
- The witness, also called the deponent
- Attorneys for both sides
- A court reporter who records the testimony
- Sometimes an insurance representative or videographer
Although there is no judge in the room, testimony given in a deposition carries the same weight as testimony given in court.
Who Can Be Deposed?
In a personal injury case, both the plaintiff and the defendant can be deposed. The plaintiff may be asked about the accident, their medical treatment, and how the injuries have impacted daily life. The defendant may be questioned about their role in the accident, their actions, or their potential responsibility. Other people, such as eyewitnesses, medical providers, or expert witnesses, may also give deposition testimony. The deposition process applies to all of these parties.
What to Expect During a Deposition
Depositions usually begin with background questions such as your name, address, and employment history. The opposing attorney may then ask questions about the accident, your injuries, medical treatment, and how your life has been affected. Some questions may feel repetitive or detailed. The goal of the deposition process is to understand every part of your case and how it may appear to a jury.
Your attorney will be there to protect your rights. While they cannot answer for you, they can object to improper questions and guide you through the process.
Do You Need to Prepare for a Deposition?
Yes, preparation is essential. Depositions can be stressful, but being ready helps you stay calm and provide accurate answers. Preparation may include:
- Reviewing the facts of your case
- Refreshing your memory on medical treatment and accident details
- Practicing clear and honest responses
- Discussing potential questions with your attorney
You do not need to memorize every detail, but you should be familiar with the key facts. The most important rule is to tell the truth during the deposition process.
How to Prepare for a Deposition
Your attorney will help you get ready, but here are common tips:
- Listen carefully to each question
- Pause before answering to allow your attorney time to object
- Answer only the question asked, without volunteering extra details
- Stay calm and polite, even if the other attorney seems aggressive
- Do not guess; if you do not remember, it is okay to say so
Why Hire Fielding Law
A deposition can feel intimidating, especially when you are recovering from an accident. At Fielding Law, we know how important the deposition process is to your case. Our attorneys prepare clients thoroughly, explain the process step by step, and stay by your side throughout. You will never face a deposition alone.
Call 833.88.SHARK today to learn how we can support you in your case.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
