What you should know about depositions (Part 1)
This blog post is part 1 of a 2-part series on depositions. It is not legal advice and is not a substitute for talking to a lawyer. If you have specific questions about your deposition, talk to a lawyer.
At some point during your case, the other party may ask to take your deposition. Depositions occur in the context of all types of lawsuits, including civil, probate, family, and criminal cases. Here’s what you should know about depositions:
What is a deposition?
A deposition is a question and answer session. The other party’s attorney will ask you questions designed to help them gather facts about the lawsuit. A deposition generally occurs at an attorney’s office or at a court reporter’s office, but it can occur in many different locations depending on the circumstances, including a business, courthouse, library- even an airport. People generally present at a deposition include you, your lawyer, the other party’s attorney, the court reporter, a videographer (some depositions are videotaped). If everyone agrees, you can sometimes bring a support person to a deposition (like a parent or spouse), however, that person must remain silent during the deposition and cannot answer questions on your behalf.
How long does a deposition last?
Some depositions last less than an hour, but some last several days (with each day generally capped at 7 hours). You will be given breaks and almost always offered something to drink and a snack. If your deposition is scheduled to last all day, there will be a lunch break.
What should I bring to my deposition?
The best policy is generally to bring only yourself. If you bring notes, the other party’s attorney may ask to see them. Because you are only required to testify regarding what you know, you do not need to memorize information in advance or write notes to jog your memory. You should also feel free to bring bottled water or another (non-alcoholic) drink, a snack, and any required prescription medication. If you want to bring something but aren’t sure whether it is permitted, talk to your lawyer.
What should I wear to my deposition?
There is no need to wear a suit (unless you are more comfortable wearing one), but you should be presentable and dress like you want to be taken seriously. There is no dress code for a deposition, but you should ensure your clothing is clean and wrinkle-free and (in my opinion) avoid t-shirts with funny slogans or images that could be offensive to a jury. This is particularly true if your deposition is being videotaped.
What am I responsible to know at my deposition?
You must answer the questions asked truthfully and fully; however, you are not expected to guess or speculate on a particular topic. If you do not know or cannot recall a piece of information, say so. You do not want to be locked in to testimony that was based on speculation, not facts.
What can I be asked at my deposition?
The scope of discovery during a deposition is broad, and you can generally be asked anything of potential relevance to the lawsuit. Certain topics are off limits (like anything you and your lawyer discussed). Your lawyer will know what topics cannot be asked and will object, as necessary. Sometimes, your attorney will object for the record but allow you to answer. The purpose of the objection is to make sure that the objection is not waived for trial. Other times, your attorney will object and instruct you not to answer.
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