Definition
A deposition is sworn testimony that a witness gives out of court, under oath, during the discovery phase of a lawsuit. The witness, known as the deponent, answers questions posed by attorneys while a court reporter records every word in a written transcript, and the session may also be videotaped. Although it usually takes place in a law office rather than a courtroom, the oath carries the same legal weight as testifying before a judge.
Legal Meaning
A deposition is one of the most powerful tools in the discovery process, the pretrial stage in which each side gathers evidence and learns about the other party's case. During a deposition, an attorney asks the deponent a series of questions, and the answers are given under oath and transcribed verbatim. The transcript becomes part of the case record and can be used long after the deposition ends.
Depositions serve several goals. They let attorneys discover what a witness knows, evaluate how that witness will come across to a jury, and "lock in" testimony so the witness cannot easily change their story later. They also preserve testimony for witnesses who might be unavailable at trial because of illness, distance, or other reasons. Both parties' lawyers may attend, and the opposing attorney can cross-examine and raise objections on the record.
In federal court, depositions are governed by the Federal Rules of Civil Procedure (chiefly Rules 27 through 32), and state courts have closely analogous rules that vary in their details, such as time limits and notice requirements. Because a deposition can make or break a case, witnesses are usually advised to prepare carefully and, when possible, to have their own attorney present.
Key Points
- A deposition is sworn, out-of-court testimony taken during discovery
- A court reporter creates a word-for-word transcript, and sessions are often videotaped
- The deponent answers under oath, so the testimony carries the same weight as trial testimony
- It usually occurs in a law office, not a courtroom, with attorneys for both sides present
- Depositions help each side learn the facts and "lock in" what a witness will say
- Transcripts can be used at trial to impeach a witness or present unavailable testimony
- Federal court generally limits a deposition to one seven-hour day; state rules vary
- A witness can be compelled to attend through a subpoena if they are not a party
Real-World Example
Maria files a personal injury lawsuit after a car accident. During discovery, the defense attorney notices her deposition. Maria, her own attorney, the defense attorney, and a court reporter gather in a conference room. Maria is sworn in and answers questions for several hours about the crash, her injuries, her medical treatment, and her daily activities since the accident.
Months later at trial, Maria testifies that she could not lift anything heavier than a grocery bag after the accident. The defense attorney pulls out her deposition transcript, where she had said she could carry her toddler. By reading the prior statement aloud, the attorney highlights the inconsistency to challenge her credibility. This shows why careful, truthful, and consistent deposition answers matter so much.
Deposition Do's and Don'ts for Witnesses
| Do | Don't |
|---|---|
| Tell the truth, every time | Guess, speculate, or exaggerate |
| Listen carefully and answer only the question asked | Volunteer extra information beyond the question |
| Pause before answering so your attorney can object | Interrupt or answer before the question is finished |
| Say "I don't know" or "I don't recall" when true | Make up an answer to seem helpful |
| Ask for a question to be repeated or rephrased if unclear | Answer a question you did not understand |
| Stay calm and professional, even if pressed | Argue with or try to outsmart the opposing attorney |
| Review key documents with your lawyer beforehand | Bring notes you have not cleared with your attorney |
How a Deposition Works
The party seeking the testimony serves a notice of deposition stating the date, time, and place. If the witness is not a party to the lawsuit, they typically must be served with a subpoena to compel their attendance. At the start, the court reporter administers the oath, and the questioning attorney lays out basic ground rules.
The questioning attorney then asks questions, and the opposing attorney may object on the record. Many objections in a deposition merely preserve the issue for a judge to rule on later, and the witness still answers. However, an attorney may instruct a witness not to answer when a question seeks privileged information, such as confidential attorney-client communications. After the deposition, the witness usually has a chance to review the transcript and note any corrections, and the transcript becomes part of the discovery record.
Related Terms
Facing a Deposition in an Injury Case?
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Explore Personal Injury LawWhen You Need a Lawyer
Being deposed is one of the moments in a case where having a skilled attorney matters most. You should strongly consider legal representation if:
- You have received a notice of deposition or a subpoena to testify
- You are a party to a lawsuit and your testimony could affect the outcome
- The questioning may touch on sensitive, privileged, or self-incriminating matters
- You are unsure how to answer truthfully without volunteering harmful information
- You want to prepare so your testimony is clear, consistent, and confident
An attorney can prepare you, attend the deposition, object to improper questions, and protect your rights. Most personal injury lawyers work on a contingency fee and offer free consultations. For more on costs and choosing counsel, see understanding legal fees and how to choose a lawyer.
Frequently Asked Questions
What is a deposition in a lawsuit?
A deposition is sworn testimony given out of court during the discovery phase of a lawsuit. The witness, called the deponent, answers questions under oath while a court reporter creates a word-for-word transcript. Depositions let each side learn what witnesses know, lock in their testimony, and preserve it for trial. They usually take place in an attorney's office rather than a courtroom, but the oath carries the same legal force as testifying in court.
Do I have to answer every question at a deposition?
Generally yes, but not always. You must answer questions truthfully under oath, and your attorney can object to improper questions on the record. Some objections simply preserve the issue for later while you still answer, but you may be instructed not to answer if a question seeks privileged information, such as confidential communications with your lawyer. You may also decline to answer questions that would incriminate you under your constitutional rights. An attorney can guide you on when an instruction not to answer is appropriate.
What happens if I lie during a deposition?
Because deposition testimony is given under oath, lying can constitute perjury, a criminal offense. Even short of perjury, false or inconsistent statements can be used to attack your credibility at trial, since the transcript can be read back to contradict you. This is why witnesses are advised to answer only what they actually know, to say 'I don't recall' when that is true, and to avoid guessing or speculating.
How long does a deposition last?
It varies widely. A simple deposition may take an hour or two, while a complex one can run a full day or longer. In federal court, the Federal Rules of Civil Procedure generally limit a deposition to one day of seven hours unless the parties agree otherwise or a court allows more time. Many states follow similar limits, but the exact rules differ by jurisdiction.
Can a deposition be used at trial?
Yes. A deposition transcript or video can be used at trial in several ways, such as to impeach a witness whose trial testimony differs from their deposition, or to present the testimony of a witness who is unavailable to appear in person. This is one reason depositions are taken so seriously: the answers given can shape the case long after the deposition ends.
Claims Have Deadlines
Depositions only happen once a lawsuit is filed, and you must file within your state's statute of limitations. See the deadlines in our state-by-state statute of limitations guide.