What is a deposition - You have nothing to fear

Depositions are an unavoidable part of litigation and a part of the discovery process that can be intimidating to a client be they the plaintiff or the defendant but take heart, it is simply a question and answer session and your attorney will be right there by your side to object to any inappropriate or questions that lack relevance. It is not your performance before a jury at trial. 

Below is a comprehensive explanation of what is a deposition, the purpose of a deposition, what you may expect during a deposition and how to prepare for a deposition. However, I want you to keep these primary axioms in mind...

1) A deposition is simply a question and answer session to confirm facts and gather further evidence and testimony. Any and all questions and answers will be recorded by a stenographer and this is your "sworn testimony" that must be consistent with any answers that you may render at trial.

2) Opposing counsel, the attorney seated on the other side of the table is not your enemy. Opposing counsel is doing their job in the best interests of their client for which they were hired to do. You would expect the same from your attorney.

3) The information provided below is exhaustive yet, it is "deposition theory" and best practices. However, when it comes time for your deposition, listen carefully to the instructions of your attorney during deposition preparation. Your attorney at this time understands the unique features and nuances of your case and your attorney it the "expert extraordinaire" whose counsel supersedes any and all advice contained herein. 

The following information has been compiled by myself,  Albert B. Pepper Jr. who has primary knowledge and first hand experience being deposed by opposing counsel and being in attendance while the opposing party is being deposed by my counsel. The framework, schema of this presentation was with the assistance of artificial intelligence, specifically Grok - Xai, a large language model and has certain amendments and annotations made to enhance the "real world" human dynamics of depositions.

 A deposition is a formal, out-of-court question-and-answer session where a witness (or party in the lawsuit) gives sworn testimony under oath. It happens in front of a court reporter who records every word (usually both in writing as a transcript and sometimes on video). Lawyers from both sides are present, but no judge or jury is there. Think of it like a live interview under oath that can be used later in court.

 Depositions are a key part of the discovery process in a lawsuit. Their main purposes are:

1. To gather information – Find out what the other side knows.
2. To lock in testimony – Once you say it under oath, you can’t easily change your story later at trial.
3. To evaluate the witness – See how credible, nervous, or believable someone will be in front of a jury.
4. To preserve testimony – Especially if a witness might not be available for trial (e.g., elderly, sick, or moving away).
5. To support or hurt a case – Good answers help your side; bad answers can damage it.

 The plaintiff is the person who filed the lawsuit (the one claiming harm).

• What happens: The defense lawyer asks the plaintiff detailed questions about: 
  • The incident (what happened, when, where, how).
  • Injuries or damages (medical records, pain, lost wages).
  • Prior statements (police reports, complaints, social media).
  • Background (criminal history, prior lawsuits, health history).
• Goal for defense: Find inconsistencies, weaken the claim, or show the plaintiff isn’t credible.

 The defendant is the person or company being sued.

• What happens: The plaintiff’s lawyer grills the defendant on: 
  • Their version of events.
  • Policies, procedures, or actions taken (or not taken).
  • Knowledge of risks, warnings, or complaints.
  • Insurance, financial ability to pay.
• Goal for plaintiff: Prove fault, show negligence, or catch lies.

 Witnesses can be:

• Eyewitnesses – Saw the event.
• Expert witnesses – Doctors, engineers, accident reconstructionists, etc.
• Character or fact witnesses – Friends, coworkers, family.
• What happens: 
  • Both sides ask questions to support or challenge their story.
  • Experts explain technical opinions (e.g., “This design was defective because…”).
• Goal: Build or break the case with third-party evidence.

 Before the Deposition

1. Meet with your lawyer – Review documents, timeline, and likely questions.
2. Know the facts – Review police reports, medical records, photos, emails.
3. Practice answering – Do a mock deposition with your attorney.
4. Dress professionally – Business casual (no logos, flashy clothes, or distractions).
5. Get rest – Be alert and calm. Eat, sleep, avoid alcohol.

 Key Rules to Follow

• Tell the truth – Lies can destroy your case.
• Listen carefully – Answer only what is asked.
• Pause before answering – Give your lawyer time to object.
• Say “I don’t know” or “I don’t remember” – If true. Don’t guess.
• Keep answers short – Yes/no when possible. Don’t volunteer.
• Don’t argue or get emotional – Stay calm, even if provoked.
• Correct mistakes immediately – If you misspeak, say “Let me clarify.”

• Do this - 
• Speak clearly and slowly
• Answer verbally a stenographer cannot record a nod or a grunt
• If you don't understand the question ask for clarification before answering
• Take breaks if needed
• Stay polite and professional

• Don't do this - 
• Mumble or rush
• Guess or speculate
• Ramble or over explain
• Joke or be sarcastic
• Lose your temper

 It’s not a conversation – It’s a legal proceeding.

• Everything is recorded – Assume the jury will read or watch it.
• Your lawyer is there to protect you – Let them object; don’t fight the other lawyer.
• Review the transcript later – You can correct typos or errors in writing.

Bottom line: A deposition is your chance to tell your story clearly and truthfully — but only answer what’s asked, stay calm, and let your lawyer guide you.

A deposition is a fact-finding tool — not a battle, not a debate, not a performance.

Your only job: 

✅ Tell the truth

✅ Answer only what’s asked

✅ Stay calm and brief

Everything else is your lawyer’s job. Trust the process.