How to Prepare for Your Deposition
A guide to confidently telling your story.
A deposition is a formal question-and-answer session where you give sworn testimony. While it happens outside of a courtroom, often in an attorney's office, your testimony is every bit as important as testimony at a trial. It becomes part of the official record and can be used in court, so it is crucial that you are prepared.
We understand this can be a stressful event. This guide provides the rules and strategies for a successful deposition. Our goal is to ensure you feel confident and ready.
The Golden Rules for Your Testimony
- Tell the Truth. This is the most important rule. You will be under oath. It is always better to give a truthful but difficult answer than to offer false testimony.
- Pause Before You Answer. After a question is asked, take a moment to pause and think before you speak. This gives you time to consider your response and allows your attorney time to make an objection if necessary.
- Understand the Question. Be sure you know exactly what the attorney is asking before you answer. If you are unsure, ask them to rephrase the question until you are certain you understand.
- Answer ONLY the Question Asked. Once you have answered the question, stop talking. Do not volunteer extra information. If a question can be answered with a simple "yes" or "no," do so and then stop.
- If You Don't Know, Say So. It is perfectly acceptable to say "I don't know" or "I don't recall." Do not guess or speculate.
- Stay Calm and Do Not Argue. Do not argue with or get angry at the opposing lawyer, even if they become upset. When you remain calm and collected, you avoid making statements you might regret.
Common Questioning Tactics to Watch For
- Compound Questions: These are multiple questions disguised as one. If a question sounds like more than one, ask the attorney to break it down.
- Questions with False Assumptions: The opposing lawyer may include a false statement in their question. Be sure to correct the false fact before you answer the question itself.
- Inaccurate Summaries: The lawyer may try to summarize your testimony and ask if you agree. Listen carefully, and if their summary is not accurate, do not agree with it.
Our Commitment to You
We will be present with you during the entire deposition to make legal objections and ensure the rules are followed. If we object, you should stop talking immediately. The only time you should not answer a question is if we specifically instruct you not to. We will also have a dedicated preparation session before the deposition to practice and review the key facts of your case.