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Legal Procedure

What is Deposition?

Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.

Understanding Deposition

During a deposition, attorneys ask questions while a court reporter records the testimony. The witness is under oath, and the testimony can be used at trial to impeach the witness or as evidence if the witness is unavailable. Video depositions are increasingly common.

Examples

  • 1Plaintiff describing the accident and injuries
  • 2Expert witness explaining medical conditions
  • 3Defendant being questioned about their actions

Why This Matters in Legal Cases

Depositions are often the most critical moments in a case outside of trial itself. The testimony given under oath can make or break a case—a strong deposition performance by the plaintiff can increase settlement value, while inconsistencies can undermine credibility. Insurance adjusters and defense attorneys use deposition transcripts to evaluate case worth and trial risk.

Explaining to Clients

Thorough deposition preparation is essential. Coach clients to listen carefully to each question, answer only what is asked, and never guess or volunteer information. Remind them that "I don't remember" is an acceptable answer when true. Practice with mock questions so they feel confident and calm during the actual deposition.

Frequently Asked Questions

Do I have to answer every question in a deposition?

Generally yes, since you are under oath. However, your attorney can object to improper questions and, in rare cases, instruct you not to answer (usually to protect attorney-client privilege). Most objections are noted for the record but you still answer. Your attorney will address objections at trial or in a motion.

Can my deposition testimony be used against me at trial?

Yes. If your trial testimony differs from your deposition testimony, the opposing attorney can use the deposition to impeach your credibility. This is why consistency and truthfulness during depositions are crucial. The transcript is a permanent record of what you said under oath.

How long does a deposition usually last?

Depositions typically last 2-7 hours, though some can span multiple days in complex cases. Federal rules limit depositions to one day of seven hours unless the court orders otherwise. Your attorney can request breaks, and you should ask for one whenever you feel tired or overwhelmed.

Sources

Related Terms

Discovery

The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.

Statute of Limitations

A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.

Settlement

An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.

Demand Letter

A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.

Motion

A formal request made to a court asking the judge to make a specific ruling or order on a particular issue in a case.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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