Depositions: What Happens Before Trial

If you are part of a lawsuit, or even a witness in one, you may be asked to give a deposition. The word sounds formal, and many people feel nervous when the notice arrives. Knowing what a deposition is, why it happens, and how it usually works can make the day much less stressful. This guide explains the basics in plain language.

Where depositions fit in a civil case

Most civil lawsuits do not go straight from the complaint to a trial. In between there is a stage called discovery. The U.S. Courts page on civil cases describes discovery as the stage where the parties must provide information to each other about the case, such as the identity of witnesses and copies of documents related to the case. Its purpose is to prepare for trial by requiring each side to gather its evidence and prepare to call witnesses.

The same page explains that discovery may include a deposition, which requires a witness to answer questions about the case before the trial. The witness answers questions from a lawyer under oath, in the presence of a court reporter, who produces a word-for-word record called a transcript.

That is the core idea. A deposition is a formal question-and-answer session that happens outside the courtroom but is still serious, because you are under oath and every word is recorded.

Who may be deposed

Depositions are not only for the people who sued or were sued. Depending on the case, the lawyers may want to question:

• The person who filed the lawsuit
• The person or company being sued, often through an employee who speaks for it
• Witnesses who saw what happened
• Doctors, repair shops, or other people with records or knowledge about the facts
• Outside professionals each side plans to rely on

If you receive a notice or a subpoena to appear and you are not sure why, a lawyer can read it with you and explain what it asks for and what your options are.

What usually happens in the room

Depositions often take place in a law office or a conference room, and sometimes by video. A judge is usually not present. The people in the room may include the lawyer asking questions, your lawyer if you have one, lawyers for other parties, and the court reporter. Some depositions are also recorded on video.

The session usually starts with the oath. Then the lawyer asks questions, and you answer out loud so the court reporter can write down your words. Nods and gestures do not show up in a transcript, so you will usually be asked to say "yes" or "no" instead.

Other lawyers in the room may raise objections to some questions. The rules on objections and when a witness must still answer are set by court rules, and they can be technical. In federal court, depositions are covered by the Federal Rules of Civil Procedure; state courts have their own rules. Your lawyer can tell you which rules apply and how to respond.

The length of a deposition varies. Some take an hour or two. Others last much longer, especially when there are many documents to review. Breaks are common, and you can ask for one, although you may be asked to finish answering the current question first.

Why your answers matter

A deposition transcript can be used later in the case. Lawyers may compare it with what you say at trial, use it to support a motion, or rely on it during settlement talks. If your answer at trial is different from your deposition answer, the other side may point that out.

This is why careful, truthful answers matter more than quick ones. Many lawyers give their clients similar general advice:

• Listen to the whole question before answering.
• Answer only the question that was asked.
• If you do not understand, say so and ask for the question to be repeated or rephrased.
• If you do not know or do not remember, say that rather than guessing.
• Do not argue with the lawyer asking questions.
• Ask for a break if you need one.

These are general habits, not rules for your case. Your own lawyer may give different guidance based on the facts.

How to prepare with a lawyer

If you have a lawyer, ask for a preparation meeting before the deposition. In that meeting, a lawyer can usually:

• Explain the topics the other side is likely to ask about
• Review documents you may be shown, such as emails, medical records, or photos
• Walk you through how the day will run
• Explain how objections work and what to do when one is made
• Talk about what to wear, when to arrive, and how long to plan for

It also helps to review your own records before the meeting. Look at dates, bills, letters, and anything you already gave the other side in discovery. You do not need to memorize everything, but refreshing your memory can help you answer accurately.

If you are hurt and your case involves an injury, your medical history may come up. Ask your lawyer in advance which topics are likely and how to handle questions about past care. Our personal injury practice page shows lawyers who handle these claims.

After the deposition

After the deposition, the court reporter prepares the transcript. In some cases, the witness may be allowed to review it and point out errors in transcription. Whether you can do this, and how long you have, depends on the court rules and what the lawyers arrange. Ask your lawyer about this before you leave.

Discovery may continue with more depositions, documents, or written questions. Many cases settle before trial. The U.S. Courts page notes that judges encourage the parties to try to reach an agreement to avoid the expense and delay of a trial, and that courts encourage mediation, arbitration, and other forms of alternative dispute resolution. A deposition can be one step on that path rather than the last word.

If you do not have a lawyer

If you are a party in a case and do not have a lawyer, a deposition is a good time to get one, even for limited help. Some lawyers will help you prepare for a single event without taking on the whole case. Ask about this when you call.

If cost is a concern, the USAGov legal aid page lists programs that offer free legal advice and help finding free or low-cost attorneys. You can also browse more plain-language legal guides on our site.

Frequently asked questions

Is a deposition the same as testifying in court?

Not exactly. A deposition usually happens outside the courtroom and often without a judge, but you are still under oath, and the transcript can be used later in the case.

Can I bring my own lawyer to a deposition?

In general, yes, if you have one. Your lawyer can attend, raise objections, and talk with you during breaks, within the limits of the court rules.

What if I do not remember something?

Say that you do not remember. Guessing can create problems later. If a document would help you remember, you can say so.

Do I have to go if I am not a party to the case?

A subpoena is a court-backed demand, and ignoring one can have consequences. A lawyer can explain what it requires and whether there is a way to raise concerns about it.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.