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What is a 'Deposition'?

A key step in the discovery process, explained simply.

A deposition is a formal proceeding where a witness answers questions under oath in a question-and-answer session. It happens outside the courtroom, but the testimony carries the same weight as testimony at trial.

Why it matters to you

If you are deposed, the opposing attorney asks you questions while you are under oath. Your attorney is with you the entire time, and a court reporter records every word. That transcript becomes part of the official record and can be used in court, including to challenge you if your testimony later changes.

Your deposition is one of the most important days in your case, and thorough preparation is the key to doing well. We will meet with you beforehand, explain the ground rules, and practice until you feel ready. Our detailed guide walks through exactly what to expect: How to Prepare for Your Deposition.

An example from an employment case

In a wrongful termination case, the employer's attorney deposes you about your job history, your performance reviews, and the events leading to your firing. Later, we depose your former manager and the HR director under the same rules, locking in their sworn accounts as evidence.

Every case is different. Ask your legal team how this applies to yours.

Related terms

Interrogatories, Objection, Exhibit, Subpoena

Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.