When a legal dispute heads toward trial, both sides need to gather as much information as possible about what happened, who was involved, and what evidence may be presented in court. One of the most important parts of this information-gathering process is the deposition—a legal tool used during what’s known as the discovery phase of a lawsuit.

But what exactly happens during a deposition, and why does it matter so much to the outcome of a case? Whether you’re a plaintiff, defendant, or witness, understanding depositions can help you prepare for what’s ahead.

What Is a Deposition?

A deposition is a formal interview conducted under oath, typically outside of a courtroom setting, where attorneys from both sides ask a witness questions related to the case. These sessions are recorded—often by a court reporter or video—and the answers can be used later in court.

Unlike courtroom testimony, a deposition isn’t overseen by a judge. Still, it carries legal weight. The person giving testimony, called the deponent, must tell the truth or risk perjury charges.

Why Are Depositions Important?

Depositions serve several key functions in a lawsuit:

• Gather facts: Lawyers use depositions to learn what a witness knows and how they might testify at trial.
• Preserve testimony: If a witness becomes unavailable (due to illness, death, or other reasons), their deposition may be used instead of live testimony.
• Prepare strategy: Attorneys can assess the strengths and weaknesses of their own case, as well as their opponent’s.
• Challenge credibility: Inconsistencies between deposition statements and later trial testimony can be used to call a witness’s reliability into question.

In many civil lawsuits, including personal injury, employment, and contract disputes, depositions play a pivotal role in shaping settlement negotiations and courtroom outcomes.

Who Can Be Deposed?

Anyone with knowledge relevant to the case may be deposed. This includes:

• Plaintiffs
• Defendants
• Eyewitnesses
• Expert witnesses (such as doctors, engineers, or financial analysts)
• Third parties with information relevant to the dispute

It’s not uncommon for each side to depose multiple individuals over the course of several weeks or months.

What Happens During a Deposition?

The setting is typically a law office or conference room. The only people usually present are:

• The deponent
• Attorneys for both sides
• A court reporter (and sometimes a videographer)

Before questioning begins, the deponent is sworn in, agreeing to tell the truth. Then, the attorney who requested the deposition will ask a series of questions. The opposing attorney may also ask follow-up questions or object to how a question is asked—but unlike trial, objections don’t stop the deponent from answering (unless instructed not to).

The questioning can last a few hours or extend over multiple days, depending on the complexity of the case and the witness’s involvement.

What Kinds of Questions Are Asked?

Questions are usually broad and designed to gather as much information as possible. Examples include:

• What did you witness on the day of the incident?
• Were you ever disciplined at work before the alleged event?
• Can you explain your version of events from start to finish?
• What training or credentials do you hold in this area?

Even if the questions seem unrelated, lawyers may be exploring patterns of behavior, testing credibility, or uncovering facts that weren’t disclosed earlier.

How Can a Deposition Affect the Case?

Depositions often shape the direction of a case in significant ways. For example:

• Settlement leverage: If a deposition reveals strong evidence or an unreliable witness, one side may push for settlement rather than risk trial.
• Trial preparation: Lawyers often use transcripts from depositions to prepare cross-examinations or refine legal arguments.
• Evidence in court: If a witness changes their story at trial, attorneys can point to the deposition transcript as contradictory evidence.

In some situations, deposition excerpts are read aloud in court or shown to a jury, making them a powerful component of the trial.

How Should Someone Prepare for a Deposition?

Giving a deposition can be stressful, especially for those unfamiliar with the legal process. Preparation is essential.

Here are some tips:

• Review relevant documents: Understand your role in the case and any paperwork associated with it.
• Meet with your attorney: Discuss likely questions and practice answering calmly and clearly.
• Stick to what you know: Never guess or speculate. If you don’t remember something, say so.
• Be honest: Lying under oath can have serious legal consequences.
• Take your time: It’s okay to pause and think before answering.

Proper preparation can make a significant difference in how a deponent presents themselves and how their testimony is interpreted.

Are Depositions Only for Civil Cases?

While depositions are most common in civil litigation, they can occur in criminal cases as well—though under more limited circumstances. In civil matters, the discovery process is broader, making depositions a routine step in resolving disputes.

How Long After a Deposition Does a Case Go to Trial?

There’s no fixed timeline. In many cases, the deposition process prompts a settlement discussion that resolves the dispute before trial. But if the case proceeds, it could take several more months—or longer—before a trial date is set.

Factors that influence the timeline include:

• Court scheduling backlogs
• Pretrial motions
• Ongoing discovery disputes
• Willingness to settle

A deposition is often a turning point in whether a case settles or goes to court.

Conclusion

Depositions are a foundational element of the legal process, helping both sides understand the facts, anticipate testimony, and prepare their arguments. While they may seem intimidating, they serve an important role in ensuring fairness and transparency in litigation. Whether you’re involved as a party or a witness, taking the time to understand what depositions are—and how they impact a case—can make a meaningful difference in the outcome.

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Navigating personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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