Your deposition is one of the most important events in your case. This guide covers what to expect and how to prepare.

Before the Deposition

Meet with your attorney for a prep session. Do not skip this. Your attorney will walk you through likely questions, areas of focus, and the overall strategy.
Review key documents — your complaint or answer, relevant emails, incident reports, and medical records (if applicable). Refresh your memory on dates and events.
Be careful about what you review. Anything you look at to "prepare" for your deposition can be asked about by the opposing attorney. Only review documents your attorney directs you to review.
Get a good night's sleep and eat beforehand. Depositions can last several hours. Mental sharpness matters.
Dress professionally. While a deposition is not court, it is a formal proceeding. Your appearance matters.

During the Deposition — 10 Rules

Listen to the full question before answering.

Do not anticipate the question or start talking before the attorney finishes. Pause, think, then answer.

Answer only what is asked.

If the question can be answered with "yes," "no," or a single sentence, do that. Do not volunteer extra information.

"I don't know" and "I don't remember" are valid answers.

If they are true. Do not guess or speculate. If you do not know the answer, say so.

Do not guess.

If you are not sure of a date, a name, or a detail, say "I'm not certain" rather than guessing. Guesses become sworn testimony.

Your attorney may object — that is normal.

Objections are preserved for the record. In most cases, you will still need to answer the question unless your attorney instructs you not to.

Take breaks.

You can request a break at any time — just not in the middle of a pending question. If you are tired, overwhelmed, or need to speak with your attorney, ask for a break.

Everything is on the record.

A court reporter is transcribing every word. Jokes, sarcasm, sighs, and offhand comments will all appear in the written transcript. Speak as if a jury will read it — because they might.

Do not argue with the opposing attorney.

Stay calm and composed. Some attorneys will try to frustrate or provoke you — that is a tactic. Do not take the bait.

Watch out for compound questions.

If a question contains two parts ("Did you see the car and were you wearing your seatbelt?"), ask the attorney to break it into separate questions.

Tell the truth. Always.

A bad fact told honestly is survivable. Getting caught in a lie — even a small one — can destroy your credibility and your case.

After the Deposition

You will receive the transcript. You have the right to read and sign it — reviewing it for accuracy. If there are errors (the reporter misheard a word), you can note corrections.
Do not discuss your testimony on social media. Ever. Not even vaguely. Posts about your case can and will be used against you.
Debrief with your attorney. After the deposition, your attorney will review how it went, discuss any areas of concern, and explain what happens next.

Want a deeper dive? Read our full-length article: A Complete Guide to Depositions for Witnesses →

Deposition Preparation Guide