A deposition is sworn testimony given outside the courtroom as part of a legal proceeding. The person answering questions, called the deponent, provides testimony that is recorded for later use. Attorneys use depositions to investigate facts, evaluate claims and defenses, and preserve testimony before trial.
In a personal injury lawsuit, a deposition may address how an accident happened, the injuries involved, and their effect on the injured person’s life. Although the setting is usually less formal than a courtroom, the obligation to testify truthfully remains. UW School of Law
What Is the Purpose of a Deposition?
A deposition helps the parties understand what a witness knows and how that knowledge relates to the lawsuit. It allows attorneys to ask follow-up questions and explore details that documents alone may not explain.
Depositions can help attorneys:
- Clarify disputed facts: A witness may explain what they saw, heard, or did before, during, or after an incident.
- Understand supporting evidence: Questions may address photographs, records, communications, or other materials relevant to the dispute.
- Identify additional information: Testimony may reveal other witnesses or records that need investigation.
- Evaluate testimony: Attorneys can compare a witness’s account with other evidence and assess potential disagreements.
A deposition gathers evidence. It does not itself determine fault, award compensation, or require either side to settle. California Courts explains how depositions fit within the broader civil discovery process.
Who Can Be Deposed?
People who may be deposed include the plaintiff bringing the lawsuit, the defendant responding to it, eyewitnesses, and other individuals with relevant information.
For example, a car accident case may involve testimony from an injured driver, another driver, and someone who witnessed the collision. A premises liability case may involve employees familiar with inspections or maintenance.
Organizations can also provide testimony through designated representatives. Under federal procedure, an organization receiving a properly framed deposition notice must designate one or more people to testify about the identified subjects on its behalf.
What Happens During a Deposition?
An oral deposition generally involves the witness, attorneys, and an authorized officer who administers the oath and oversees the testimony’s recording. A court reporter commonly creates a written transcript. A judge usually does not attend.
After the oath, attorneys ask questions about issues in the lawsuit. They may introduce documents or photographs and ask the witness to explain them. Other attorneys may then ask additional questions.
The record preserves the questions and answers, making clear speech important. Nodding, pointing, or speaking over someone can make a written transcript difficult to understand. The University of Washington School of Law provides a helpful overview of deposition procedure.
What Are the Different Types of Depositions?
Oral depositions involve spoken questions and answers, allowing attorneys to ask follow-up questions immediately.
Remote depositions use video conferencing or other remote technology. Video-recorded depositions preserve audiovisual testimony. These categories can overlap: an oral deposition can be conducted remotely and recorded on video. Under federal rules, remote depositions require a stipulation or court order.
Depositions by written questions follow a different procedure. The parties submit questions in advance, and an authorized officer takes and records the witness’s testimony. Federal Rule 31 establishes deadlines for submitting cross-questions and subsequent questions.
A deposition by written questions is not simply a questionnaire the witness fills out privately. It also differs from interrogatories, which are written discovery questions directed to a party. See Federal Rule of Civil Procedure 31.
What Questions Are Asked in a Personal Injury Deposition?
The questions depend on the claims, defenses, and evidence. Common subjects may include:
- How the incident happened: Your location, movements, observations, and actions surrounding the accident.
- Injuries and treatment: Symptoms, medical visits, treatment recommendations, and recovery.
- Relevant prior conditions: Earlier injuries or symptoms that may help explain whether the incident caused or aggravated a condition.
- Employment and earnings: Job responsibilities, missed work, changes in duties, and claimed income losses.
- Daily activities: Specific ways an injury affects household tasks, mobility, sleep, or recreation.
- Previous statements: Information in relevant reports, communications, or other accounts of the incident.
These are illustrative topics, not permission to investigate every aspect of someone’s private life. In federal civil cases, discovery generally must concern nonprivileged information relevant to a claim or defense and proportional to the case’s needs.
How Should You Prepare for a Deposition?
Preparation should help you understand the process and give accurate testimony.
Review relevant information with your attorney. Discuss the events and documents likely to come up. Identify gaps in your memory and any information you previously provided that needs clarification.
- Listen to the entire question. Avoid answering before the attorney finishes. If the wording is confusing, ask for clarification instead of assuming what the question means.
- Distinguish memory from estimation. If you do not know or remember something, say so honestly. If you provide an estimate, make that clear.
- Answer accurately without exaggerating. Explain what you personally experienced or observed. Avoid presenting assumptions about another person’s thoughts or motives as facts.
- Tell your attorney about practical needs beforehand. Discuss an interpreter, accessibility needs, or health concerns that could affect your participation.
The American Bar Association’s guidance on effective witness preparation emphasizes understanding questions and communicating truthful, accurate answers.
Can You Refuse to Attend a Deposition?
You should not ignore a deposition notice or subpoena. Whether attendance can be compelled depends on the applicable rules, service requirements, and circumstances.
A nonparty witness may be required to attend through a subpoena. However, subpoenas can sometimes be challenged because they impose an undue burden, exceed geographic limits, or seek protected information.
The appropriate response is to address those concerns through the required legal procedure. Failing to comply without adequate justification can lead to court enforcement or penalties. Federal Rule 45 addresses subpoenas and protections for people subject to them.
Do You Have to Answer Every Question?
An uncomfortable question is not automatically improper. Privacy concerns and legal privileges are different, and sensitive information may sometimes be discoverable.
For example, relevant medical information may be at issue when someone seeks compensation for injuries. Courts can restrict discovery or issue protective orders when appropriate. LII / Legal Information Institute
Under federal procedure, objections generally go on the record while questioning continues. Instructions not to answer are limited to preserving privilege, enforcing a court-ordered limitation, or presenting a motion to terminate or limit the deposition. Your attorney should assess the appropriate response under the governing rules. LII / Legal Information Institute
How Long Does a Deposition Take?
Length depends on the witness, disputed issues, and documents involved. Federal Rule 30 generally limits an oral deposition to one day of seven hours unless the parties stipulate otherwise or the court orders otherwise. Additional time may be required for fair examination. State rules can differ. LII / Legal Information Institute
Can Deposition Testimony Be Used in Court?
Yes, but the entire deposition does not automatically become trial evidence.
Depending on the applicable rules, testimony may be used to:
- Challenge inconsistent testimony: An earlier answer may contradict what a witness later says at trial.
- Present an opposing party’s statements: Special provisions govern depositions of parties and certain organizational representatives.
- Preserve an unavailable witness’s account: Testimony may be used when qualifying circumstances prevent a witness from attending.
Admissibility requirements still apply. Courts may also require additional portions to be considered when an excerpt would otherwise create a misleading impression. Federal Rule 32 explains these uses in federal civil proceedings.
What Happens After a Deposition?
Attorneys review the testimony alongside other evidence. It may identify further discovery needs, support a court motion, inform settlement discussions, or help prepare for trial.
For example, a witness’s description of an inspection may prompt a request for maintenance records. Conflicting accounts may require additional investigation rather than immediately resolving the dispute.
If transcript review was requested before a federal deposition ended, Rule 30 generally provides 30 days after notification that the transcript or recording is available to submit signed changes and reasons. Corrections follow a formal process.
How Can a Deposition Affect Pre-Settlement Funding?
Express Legal Funding evaluates information about liability, damages, and the likelihood of recovery when reviewing a funding application. Deposition testimony may be relevant to that assessment when it clarifies disputed facts or the extent of an injury.
That is a potential connection, not a guarantee: completing a deposition does not automatically qualify someone for funding or establish an approved amount.
Applicants should let their attorney coordinate relevant case information and assess any restrictions on disclosure. Learn more about how the pre-settlement funding process works.
Frequently Asked Questions About Depositions
Does a deposition mean my case is going to trial?
No. Depositions help parties investigate and evaluate a lawsuit, including whether settlement is appropriate. Taking a deposition does not commit either side to a trial.
How soon will my case settle after a deposition?
There is no fixed settlement deadline triggered by a deposition. Further evidence, negotiations, or court proceedings may still be necessary. A general promise that cases settle within 30–90 days should not be used to predict an individual claim.
Are depositions public records?
Not automatically. Under federal rules, depositions generally are not filed with the court until used in a proceeding or ordered filed. Material filed with the court may become publicly accessible unless protections apply. A deposition also is not automatically confidential merely because it occurred outside court.
What if I cannot remember an answer?
Say that you do not remember if that is truthful. Do not invent details to fill a gap. You can distinguish between remembering an event generally and not remembering a particular date, sequence, or conversation.
Are depositions used in criminal cases?
Sometimes. Federal criminal procedure permits court-authorized depositions to preserve testimony when exceptional circumstances and the interests of justice justify them. State procedures vary. There is no universal rule allowing a criminal deposition simply because a witness is over a particular age.
Disclaimer: This glossary entry provides general educational information and is not legal advice. Deposition procedures vary by jurisdiction and case. Consult a licensed attorney about your circumstances. Express Legal Funding is not a law firm and does not provide legal representation.
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