Everything You Need to Know About Depositions: What to Expect, Questions You May Face, and Your Rights

Depositions are an important part of the legal process, often determining the direction of a case before it even reaches trial. Whether you’re a plaintiff, defendant, or witness, knowing what to expect can help you feel more prepared and confident. 

If you have been called to participate in a deposition, you want to know the format of the entire event and the kinds of questions likely asked. Below we break down the basics of depositions, but if you have additional questions or are seeking legal representation, contact Morgan & Morgan anytime for a free case evaluation to speak to our legal experts.

What Is a Deposition?

A deposition is a formal, out-of-court testimony given under oath, typically as part of the discovery process in a lawsuit. It allows attorneys from both sides to gather information, assess witness credibility, and build their cases before trial. Depositions are commonly used in civil lawsuits, including personal injury cases, employment disputes, and business litigation.

Why Are Depositions Important?

Depositions play a crucial role in legal proceedings. They help attorneys:

• Gather facts and evidence
• Identify inconsistencies in witness statements
• Preserve testimony in case a witness cannot appear at trial
• Evaluate the strengths and weaknesses of a case

What to Expect During a Deposition

Understanding the deposition process can help reduce anxiety and prepare you to provide clear, accurate answers.

Location and Participants

Depositions typically take place in a law office, conference room, or another agreed-upon location. The key participants include:

• The deponent (person giving testimony)
• Attorneys from both sides
• A court reporter who records the deposition
• In some cases, a videographer

Oath and Opening Statements

Before the deposition begins, the court reporter will administer an oath, requiring you to tell the truth. The attorneys may give brief opening statements outlining the deposition's purpose.

Questioning

The attorney representing the opposing party will ask questions first. Your attorney may then clarify or object to certain questions. The court reporter records everything, creating a transcript that may be used in court.

Length of a Deposition

Depositions can last anywhere from a couple of hours to a full day, depending on the complexity of the case and the number of questions asked.

Common Deposition Questions

While each deposition is unique, some commonly asked questions include:

Background Information

• What is your full name and address?
• Where do you work, and what is your occupation?
• What is your educational background?

Case-Related Questions

• What happened on the day of the incident?
• Can you describe the events in detail?
• What injuries did you sustain, and what medical treatment have you received?

Prior History

• Have you been involved in any previous lawsuits?
• Have you suffered from similar injuries in the past?

Document Review

Attorneys may ask you to review and confirm documents, including medical records, accident reports, and emails.

Note: When you work with Morgan & Morgan, your attorney will be by your side throughout this entire process and will review with you the questions and conditions that you can expect.

Can You Refuse to Answer Certain Questions?

While you must generally answer deposition questions truthfully, there are some exceptions:

• Objections by Your Attorney: Your lawyer may object if a question is irrelevant, overly broad, or designed to harass you.
• Privilege Protections: You can refuse to answer questions that violate attorney-client privilege, doctor-patient confidentiality, or other protected communications.
• Self-Incrimination: In some cases, you may invoke the Fifth Amendment to avoid self-incrimination.

Can You Walk Out of a Deposition?

Walking out of a deposition is generally not advisable. Depositions are legally binding, and leaving without proper justification can have serious consequences, including:

• Court Sanctions: A judge may impose fines or order you to return at another time.
• Negative Impact on Your Case: Refusing to participate may weaken your credibility and hurt your legal position.

However, in extreme situations, such as harassment or medical emergencies, your attorney may intervene and request a break, reschedule, or seek court intervention.

How to Prepare for a Deposition

Being well-prepared can help you navigate the deposition smoothly and minimize stress. Here are some key steps:

1. Review Key Facts

Familiarize yourself with case details, documents, and any previous statements you've made.

2. Practice Answering Questions

Your attorney may conduct a mock deposition to help you practice clear, concise responses.

3. Stay Calm and Composed

Listen carefully before answering, take your time to respond, and stick to the facts to avoid speculation.

What Happens After a Deposition?

Once the deposition is complete, the court reporter prepares a transcript. Attorneys will review the testimony and may submit corrections. From that point on, the deposition may be used as evidence in court.

Need Help With Your Deposition? Contact Morgan & Morgan

Depositions are a vital part of the legal process, and knowing what to expect can help you approach them with confidence. 

If you’re facing a deposition, consulting with an experienced attorney at Morgan & Morgan can ensure that your rights are protected and that you are well-prepared to provide testimony. 

If you have questions or need legal representation, contact us today for a free consultation.

Frequently Asked Questions

What if I am asked something I don’t know?

Although you can do some preparation work with a lawyer, you can’t always know exactly what will be asked during a deposition. Working with your own attorney can give you some idea of what to expect and the general kinds of questions that might come up, but since you won’t have interaction with the other lawyer prior to the deposition, there’s a good chance you will be asked things that you did not specifically prepare for during the live deposition.

This is normal, and it is your job to answer as accurately and honestly as possible. If you do not understand a question asked of you during a deposition, simply state that. The lawyer can rephrase the question or provide further clarity. 

In most cases, objections like those appearing in court are less common during the deposition phase, but you still want to work with a lawyer who has experience in this area of the law. This is because if an improper or unrelated question is asked of you during a deposition, your lawyer can speak up. What is allowed to be asked during depositions, however, is a much broader range than in an actual trial. 

Can you ignore a subpoena?

A subpoena is considered a legal request. However, ignoring this request could lead to serious legal consequences and disciplinary actions. If you are uncomfortable responding to a subpoena, speak with an experienced attorney to understand your options. 

How does deposition work in personal injury cases?

When you get injured due to someone else’s negligence, you may be able to file a claim. The first step involves seeking medical attention after the injury. Then, you will contact an experienced personal injury attorney for legal guidance.

The attorney will evaluate your case to determine whether you have a valid claim against the other party. If established that your claim is valid, the personal injury lawyer will investigate the circumstances that led to the injury and prove fault. 

In some cases, more than one party may be responsible for your injuries. The attorney’s responsibility is to maximize your claim, ensuring that all parties that contributed to your injury are liable for their negligent actions or inactions. 

The lawyer will then collect crucial evidence to prove your case. This process may involve reviewing video surveillance footage, interviewing witnesses, taking pictures of the accident scene, and obtaining expert opinion.

The next step involves assessing your damages. These damages fall under two categories:

Economic damages: These are the kinds of damages that lead to financial losses and expenses. Examples include lost wages, loss of earning potential, medical bills, and cost of caregiving.

Non-economic damages: These are the kinds of damages that do not involve financial losses or expenses. In most cases, non-economic damages cannot be seen, but they exist. Examples include pain and suffering, loss of enjoyment of life, and loss of consortium.

Sometimes, the attorney might see it fit to file a claim later than sooner. For instance, an experienced attorney will wait until their client attains maximum medical improvement, also known as MMI.

This term refers to the point where medical professionals believe that no further improvement for the patient is possible. The main goal of waiting until the patient reaches MMI is to maximize the claim. This is because filing a claim prematurely could free the negligent party from any future liability.

For example, suppose the accident victim accepts settlement for a particular injury and signs the release of settlement agreement. In that case, you cannot reopen the case when they realize they need additional compensation to settle their medical expenses or other damages caused by the injury in question.

Once the attorney has created a strong case against the other party, they will file a claim with their insurer. The insurance provider will respond to the claim, usually to negotiate a reasonable settlement. However, there are times when the other party completely refuses to cooperate with the plaintiff’s attorney. In that case, filing a lawsuit might be the only way to recover the settlement. 

When the attorney files a lawsuit against the defendant, the case is presented before a judge. But even before the official hearing or trial, both parties might be required to attend a deposition. As mentioned earlier in this article, a deposition allows both parties to review evidence and witnesses to the case. 

This step helps give both parties a fair chance at trial by avoiding surprises. It also allows both parties to prepare their cases based on available evidence and witness statements. 

In personal injury cases, in particular, deposition helps confirm certain facts of the case. 

Examples of these facts include:

• The location of the accident
• The injuries suffered by the plaintiff
• Strengths and weaknesses of the arguments in the case
• How the injury occurred

At Morgan & Morgan, you can trust our seasoned attorneys to assist you with your deposition—and beyond throughout the legal process. We have decades of experience representing clients during deposition. For this reason, we know the different tactics insurance companies and their representatives use to free themselves from liability.

You deserve to win, but winning has everything to do with the legal team you choose to work with. Contact Morgan & Morgan, the largest personal injury law firm in the United States, for a free case evaluation.