Deposition Process from Start to Finish

Depositions are a foundational part of any court case, not just criminal cases. Civil court cases like car accidents and personal injury claims also require depositions.

Depositions occur in the discovery process, where ‌attorneys from both sides share evidence. 

A deposition is a formal interview under oath where attorneys question a witness involved in a lawsuit. 

Getting deposed can be intimidating, especially without the guidance of an experienced attorney by your side. Familiarizing yourself with the deposition process from start to finish is the first step in preparing to sit for one.

Deposition Process from Start to Finish – Key Takeaways

• A deposition is a formal meeting where the plaintiff and defendant’s attorneys can question the witnesses and parties involved in a court case under oath.
• As a part of the discovery phase, depositions help both sides gather information, decide on trial strategies, negotiate settlements, and find inconsistencies in witnesses’ stories.
• Attorneys can also depose expert witnesses such as detectives, medical experts, or collision reconstructionists.
• Lawyers use deposition transcripts to negotiate a settlement or plan for trial. These transcripts are permissible as evidence in court and will be shared with the judge and/or jury.

If you’re preparing to sit for a deposition and are wondering exactly what a deposition is in a lawsuit, you’ve come to the right place. 

This article covers the deposition process step by step, how long a deposition lasts, and what happens after a deposition. 

We’ll also examine the importance of having an experienced lawyer on your side to object to harassment, inappropriate questioning, and victim blaming from the other attorney. Scheduling a free attorney consultation with Zinda Law Group allows one of our seasoned lawyers to review the details of your case. From there, we’ll work with you to handle your case, including preparation for the upcoming deposition process. 

First, let’s discuss the basics of what it means to sit for a deposition.

What is a Deposition in a Lawsuit?

The preliminary stage of any lawsuit is a process called Discovery. The discovery phase is a formal investigation into the details of the claim by the attorneys representing both sides. Part of this phase is the deposition process.

Sitting for a deposition means sitting for a formal interview under oath where you share your story with the deposing attorney. The deposition process helps both sides prepare for trial or negotiate a settlement out of court. 

A deposition preserves all witness testimonies in writing. Depositions allow attorneys to confirm narratives, corroborate liability, discover inconsistencies, and impeach any witnesses who contradict themselves before trial.

What Should You Wear to a Deposition?

We advise our clients to dress business casual for depositions, avoiding jeans and shorts and favoring conservative slacks and a dress shirt. Refrain from overly flashy or casual clothing, and remove piercings, as the judge and jury may view the video clips. 

Are You Required to Attend A Lawsuit Deposition?

You should always attend your deposition. Refusing to appear at a deposition can result in legal penalties, including fines and jail time. If you’ve been summoned to a deposition and need legal support, schedule a free attorney consultation with an experienced professional to discuss your options.

What Happens at a Deposition?

The deposition process is part of the discovery phase in any court case. The discovery phase allows both sides to examine each other’s evidence to negotiate a settlement or plea bargain without going to trial.

The judge usually won’t be present at a deposition. The deposition process typically includes the plaintiff’s and defendant’s attorneys, a court reporter, and a translator if necessary. Witnesses are typically deposed alone with the attorneys and reporter, one at a time.

Here’s a step-by-step guide to what happens during the deposition process:

1) Swearing in the Witness 

The court reporter will ask you to identify yourself for the record and swear you in. The “Record” is a transcript of everything said during a deposition. Once you’re sworn in under oath, anything you say to either attorney during the deposition interview will become a part of the record and can be entered as evidence. The Court Reporter will specify when you’re no longer “on the record,” such as during a lunch break. 

Depositions don’t necessarily take place in person. In some cases, the court reporter will swear you in remotely on a video call. You’re still under oath during a remote deposition process. It’s critical to have an effective and knowledgeable attorney who can object to improper questioning on your behalf, protecting your rights. 

2) Witness Instruction 

At this point, your attorney will instruct you, on the record, to ensure you understand your rights.

The instructions include the following reminders:

• Everything you say is on the record.
• There are legal consequences for lying under oath.
• If a question doesn’t make sense to you, you have the right to ask for clarification or for the question to be reworded.
• If you answer a question without asking for clarification first, you’re acknowledging on the legal record that you understood the question. 

3) Deposing Attorney Examination

The deposing attorney will examine you by asking a series of questions. Unlike in a courtroom, where a judge is present to regulate, attorneys have more wiggle room with the questions they ask in a deposition. 

You must answer their questions truthfully, even if that answer is “I can’t remember” or “I don’t know.” When the other side’s attorney is questioning you, you or your attorney have the right to object to a question considered irrelevant to the case or inappropriate.

That said, the deposition process allows a wide range of questions to discover the case’s details. The deposing attorney will state their reason for asking, trying to prove the question’s relevance. If they do, you’re required to answer. 

Knowing which questions you have the right to object to can be challenging if you’re representing yourself. We suggest hiring an experienced attorney who can speak up on your behalf.

4) Cross-examination by Opposing Attorney 

Once the deposing attorney completes their examination, your lawyer can cross-examine you. This lets you revisit some of the other side’s questions and clarify any of your previous answers. 

We’ll note points in your questioning where the other attorney led you to give answers that could be taken out of context later. Our cross-examination can establish more details, filling in any holes the other side tried to poke into your story.

In some cases, this is the end of the deposition process. However, the deposing attorney has the legal right to ask you more questions in the redirect step of the deposition process.

5) Deposing Attorney Redirect 

The initial deposing attorney has a chance to follow up on your cross-examination. They’ll revisit the answers we clarified and try to poke holes in your story again.

6) Opposing Attorney Re-Cross

If the deposing attorney decides to engage in a second line of redirect questioning, your attorney has the right to cross-examine your answers again before the deposition process ends. Your lawyer will mitigate any damages they feel the other side tried to cause during their redirect.

What Happens at a Personal Injury Deposition?

Just like any other deposition, a personal injury deposition includes swearing in the witness, instructing the witness, the deposing lawyer’s examination, and a cross-examination. What makes a personal injury deposition different is the nature of the questions. 

The lawyer who deposes you in a personal injury deposition typically works for the liable party’s insurance company. Insurance companies will discredit your story by any means necessary to avoid paying you the settlement you deserve. 

Here’s the crucial information your team needs to establish in a personal injury deposition:

• Who you are, including your medical history and personal background.
• The facts of the accident, including how their client’s carelessness before, during, or after the incident contributed to causing your injuries.
• The details of your injuries, their severity, and the total cost of your medical bills, including future expenses.
• Your job and income before the accident, the time and wages you missed due to your injuries, and how your injuries impacted your capacity to work.
• How the collision and your injuries have impacted your life, your hobbies, and your relationships with others

Advice for a Successful Deposition: 

The most secure way to prepare for a deposition is to have a knowledgeable lawyer evaluate your case.  Most experienced attorneys offer free attorney consultations, where they can assess the details of your case and let you know what types of questions to expect.

The details of your case will dictate the advice and preparation tips your lawyer will give. Here are a few general tips for preparing for the deposition process:

• Tell the truth — it’s better to say you don’t know or don’t remember than to lie or make up an answer.
• Ask the other side’s attorney to clarify any questions you don’t understand by rewording them before you answer.
• Follow your attorney’s advice — if they tell you you don’t have to answer something, don’t answer. 
• Keep your answers brief — give only the essential facts and no more details than they ask you for.
• Take your time with your answers — focus on your breathing and speak clearly.
• Remember, you’ll have a chance to tell your story to your attorney, who has your interests in mind. 

How Long Does a Deposition Last? 

Federal law limits the deposition process to seven hours. These seven hours have to take place during a single day. In rare and complex cases, attorneys can file court orders to extend the deposition process beyond that limit, but it’s not guaranteed. 

Can A Lawyer Be With Me During My Deposition?

You’re not required to have an attorney during the deposition process, but we suggest you do. There’s no judge at a deposition, and the other side’s attorney will take any opportunity to establish doubt about your story on the record, which will be used in court as evidence against you.

A seasoned lawyer will object to badgering or leading questions and coach you beforehand on answering as directly as possible. 

What Happens After a Deposition?

Once the deposition process is complete, the court reporter will edit, finalize, and certify the transcript. The plaintiff, defendant, and their respective attorneys have copies of the deposition transcript. Either side can ask for written questions and answers, also called interrogatories, if they need more information. 

Lawyers use the deposition transcript to prepare for trial or to negotiate a settlement after the deposition.  

How Long After a Deposition Will You Get Your Settlement?

How long it takes to get your settlement after your deposition depends on variables such as the strength of your case, the amount of damages you seek, and the willingness of the other party to negotiate. 

Final Thoughts on Choosing Legal Support for Your Deposition Process Needs

Depositions are critical to gathering evidence for any court case. Since part of the function of a deposition is to preserve a witness’s or expert’s testimony, the story you tell at your deposition can make or break your case.

In personal injury claims, insurance companies will victim-blame you, poking holes in your story to dispute your claim so they don’t have to pay out your settlement. Fighting for compensation is stressful, especially if you’re recovering from injuries.

Schedule a free attorney consultation with our experienced lawyers at Zinda Law Group. We’ll evaluate the details of your case and help you prepare for the deposition. We work on a contingency fee basis, meaning you can hire us at no cost. You pay a percentage of your settlement when we win and nothing if we lose.

Our seasoned attorneys will sit with you during your deposition and confirm that all questions are relevant and appropriate to your case. We can coach you beforehand, ensuring you ace your deposition and get the settlement you deserve.