What a Deposition Is and Why the Other Side Wants One
A deposition is a formal question-and-answer session where you sit down with the other party's lawyer (usually the property owner's or their insurance company's lawyer) and answer questions under oath about what happened, what you saw, and what you know about the incident. The lawyer records everything you say—usually with a court reporter typing it all down, sometimes with a video camera running as well. You are not in a courtroom; this happens in a lawyer's office or a conference room.
The other side's lawyer uses a deposition to lock in your story before trial. They want to know exactly what you will say if the case goes to court, and they want a written record they can use to challenge you later if your account changes. They also want to find weak spots in your account—places where your memory is fuzzy, where your story doesn't quite add up, or where you might have made a mistake about what you saw.
Your own lawyer will be there with you. Before the deposition starts, you and your lawyer will have prepared together. Your lawyer cannot answer questions for you, but they can object to questions that are unfair or that ask for information protected by attorney-client privilege, and they can ask for breaks if you need time to think or to talk privately.
Key Takeaways
- A deposition is a recorded question-and-answer session under oath where the other side's lawyer asks you about the incident, your injuries, and your account of what happened.
- Your lawyer sits with you and can object to improper questions, but you must answer most questions truthfully and completely.
- The other side is looking for inconsistencies, gaps in your memory, or statements that help their case, so they will ask the same question multiple ways and may challenge your recollection.
- Preparation with your lawyer before the deposition—reviewing documents, discussing your account, and practicing answers—significantly affects how you perform and how useful the deposition is to your case.
- What you say in a deposition becomes part of the court record and can be used against you at trial if your story changes.
The Types of Questions You Will Face
The other side's lawyer will ask you questions in several categories. First come background questions: your name, address, employment, education, and whether you have been in other lawsuits or filed other insurance claims. These establish who you are and whether anything in your history might affect your credibility.
Next come incident questions—the core of the deposition. Where exactly were you when the incident happened? What were you doing? What did you see, hear, and feel? How did the incident occur? What did you do when ready after? These questions will be asked multiple times, sometimes in slightly different ways, to see whether your account stays consistent. The lawyer may ask you to describe the layout of the property, the lighting, the weather, what other people were present, and what they said or did.
Then come injury and medical questions: What injuries did you suffer? When did you first seek medical care? What doctors or hospitals did you visit? What treatment did you receive? Are you still in pain? How has the injury affected your daily life, your work, your ability to do things you used to do? The other side wants to understand the full scope of your damages because that affects what your case is worth.
Finally come knowledge questions: Did you know about any prior incidents at that location? Did you see any warning signs? Did anyone warn you about hazards? Had you been to that property before? These questions explore whether the property owner should have known about the danger and whether you should have seen it coming.
How the Other Side's Lawyer Will Try to Weaken Your Account
The other side's lawyer is not your friend, and the deposition is not a conversation. Their job is to find problems with your case. Expect them to ask questions designed to make you look careless, to suggest you misremembered something, or to imply you are exaggerating your injuries.
They may ask the same question in five different ways to see if you answer differently. They may ask you to be very specific about something you remember only vaguely—"Exactly how many seconds passed before you fell?"—and then use your inability to be precise as evidence that your memory is unreliable. They may present you with a document (a photo, a medical record, a prior statement you made) and ask whether it contradicts something you just said.
They may ask leading questions that contain assumptions: "You weren't paying attention to where you were walking, were you?" or "The lighting in that area was actually quite good, wasn't it?" Your job is to correct the assumption if it is wrong, not to accept it just because the lawyer stated it as fact.
They may also ask about your prior medical history, prior injuries, prior claims, or prior lawsuits—anything that might suggest you are prone to injury or that you have a pattern of suing. They may ask about your income, your insurance coverage, or your financial situation, looking for a motive to exaggerate. None of this is fair, but it is legal, and your lawyer cannot stop them from asking.
What You Must Do During the Deposition
Tell the truth. This is not negotiable. You are under oath. Lying in a deposition is perjury, a crime. If you are caught in a lie, your entire case can collapse because a jury will not trust anything you say. If you do not know the answer to a question, say "I don't know" or "I don't remember." Do not guess, do not make something up, and do not try to fill in gaps in your memory with what you think probably happened.
Listen carefully to each question before you answer. If a question is unclear or you do not understand what the lawyer is asking, say so. Ask them to rephrase it. Do not answer a question you do not understand. Take your time. You do not have to answer when ready. Pause, think, and then speak.
Answer only the question asked. If the lawyer asks "Did you see a wet floor sign?" answer "Yes" or "No"—not "Well, I saw some signs but I'm not sure if one of them said wet floor." If they want more detail, they will ask a follow-up question. Volunteering extra information gives the other side more ammunition.
Stay calm and professional. Do not argue with the lawyer, do not get angry, and do not be sarcastic. The court reporter is writing everything down, and if you lose your temper on the record, a jury will see that transcript. Speak clearly and audibly so the court reporter can hear you. Do not nod or shake your head—say "Yes" or "No" out loud.
Documents and Evidence You May Be Asked About
Before your deposition, the other side's lawyer will have sent your lawyer a list of documents they want to discuss with you. This might include photographs of the property, medical records, prior statements you gave to an insurance adjuster, text messages or emails you sent, social media posts, prior medical records from years ago, employment records, or anything else they think is relevant.
Your lawyer will show you these documents before the deposition so you are not surprised. During the deposition, the lawyer will show you each document and ask you to identify it, explain what it is, and say whether it is accurate. They may ask you to read a portion aloud. They may ask you to explain why something in the document contradicts something you just said.
If you do not recognize a document or do not remember creating it, say so. Do not pretend to remember something you do not. If a document is unclear or you need time to read it, ask for that time. Your lawyer can also ask for a break if you need one.
How to Prepare With Your Lawyer Before the Deposition
Meet with your lawyer at least once, preferably more than once, before the deposition. Bring any documents you have—photos you took, text messages, medical records, receipts, anything related to the incident or your injuries. Walk through your account of what happened, step by step, in chronological order. Your lawyer will ask you the kinds of questions the other side's lawyer will ask, so you get used to the format and can practice staying calm and focused.
Review the documents the other side has produced. Make sure you understand what each one says and how it relates to your case. If a document seems to contradict your account, talk to your lawyer about how to address it. Do not try to explain it away or reinterpret it; just be honest about what it says and what you remember.
Discuss your medical treatment in detail. Know the dates you saw each doctor, what symptoms you reported, what tests or imaging was done, what the results showed, what treatment you received, and how you responded. The other side will have copies of your medical records, so you need to be familiar with them.
Ask your lawyer what the other side's theory of the case is—what they will argue happened and why it was not the property owner's fault. Understanding their position helps you anticipate their questions and understand why they are asking what they ask.
What Happens After the Deposition
The court reporter will prepare a transcript—a word-for-word written record of everything that was said. Both your lawyer and the other side's lawyer will receive a copy. Your lawyer may ask you to review it for accuracy and to note any errors the court reporter made in transcribing what you said. If there are significant errors, your lawyer can file corrections with the court.
The deposition becomes part of the case file. If the case goes to trial, the other side can read portions of your deposition testimony to the jury, especially if your trial testimony differs from what you said at the deposition. Your lawyer can also use your deposition testimony to refresh your memory if you forget something at trial, or to impeach (challenge the credibility of) the other side's witnesses if they say something different from what they said at their deposition.
The deposition also helps both sides evaluate the case. If your deposition goes well and your account is clear and consistent, it may push the other side toward settlement. If it goes poorly and your account is confused or contradicted by documents, it may weaken your negotiating position. Either way, the deposition is a major moment in your case, and how you perform matters.
Frequently Asked Questions
Can I refuse to answer a question at my deposition?
Your lawyer can object to a question if it is improper—for example, if it asks for information protected by attorney-client privilege, or if it asks you to speculate about something you have no knowledge of. However, you must still answer most questions, even if your lawyer objects. The objection is noted in the record, but you still have to provide an answer. The only time you can refuse to answer is if your lawyer instructs you not to, which is rare.
What if I do not remember something the lawyer asks about?
Say "I don't remember" or "I don't know." Do not guess, do not make something up, and do not say "I think" or "probably" when you are not sure. If the lawyer shows you a document that refreshes your memory, you can say so. But if you genuinely do not remember, that is an honest answer, and it is better than inventing a false memory.
Can the other side use my deposition testimony against me at trial?
Yes. If your trial testimony differs from what you said at your deposition, the other side can read your deposition testimony to the jury to show you are being inconsistent or dishonest. This is why preparation and telling the truth at the deposition are so important. Your deposition testimony is locked in, and changing your story later is very damaging to your credibility.
Do I have to talk to the other side's lawyer before or after the deposition?
No. Do not speak to the other side's lawyer except during the deposition, and only with your lawyer present. Do not answer questions before the deposition starts or after it ends. If the lawyer tries to talk to you outside the deposition, politely decline and refer them to your lawyer. Anything you say informally can be used against you, and you will not have a record of it.
What should I wear to my deposition?
Wear what you would wear to court—business casual or business formal. You want to look professional and credible. Avoid clothing that is too casual, too revealing, or that makes a statement. The court reporter may be taking a video, and the other side will be forming impressions of you based on how you look and how you present yourself.