What Is a Deposition?

A deposition is an oral statement under oath outside of a courtroom

One of the most common ways for a lawyer to gather facts before a trial is a deposition, which involves a witness giving an oral statement under oath outside of the courtroom. The purpose of a deposition is to help the lawyer prepare for any facts that may come to light on the witness stand. After all, the more that the attorney knows ahead of time, the better prepared they can be during the trial. Furthermore, a deposition allows the lawyer to obtain a written record of your story to ensure that you stick to it on the witness stand. To get the deposition, an attorney asks the witness a series of questions regarding their role in the case and a court reporter records the answers into a transcript for future use during the trial.

To gain a better understanding of the process of giving a deposition, take a look at the following questions:

Who Is Present During a Deposition?

In addition to the witness, the lawyers representing the prosecution and defense and a court reporter are also present for a deposition. The attorneys ask the witness questions in order to discover all the facts of the case while the court reporter creates a word-for-word transcript of the entire exchange. The opposing lawyer may have deposition objections during the questioning if they feel that the questions are out of line, but you are generally expected to answer the questions as a judge will decide their validity in court. Although you may not be on trial, you may want your own lawyer to be present to make sure that you are protected and understand your rights as a witness. Occasionally, the parties involved in the lawsuit may be present as well.

What Kind of Deposition Questions Are Common?

While every deposition will have its own set of questions that are specific to the case, there are some deposition questions that are standard. You can expect to answer questions about your personal background, including your name, date of birth, address, marital status, education and legal history, as well as whether you understand that you are under oath and the consequences for not telling the truth. You will also likely be asked how you prepared for your deposition.

Where Does A Deposition Take Place?

A deposition usually takes place in a lawyer's office before a trial goes to court. Occasionally, the deposition may be videotaped and used as evidence during a trial in the case that the witness is ill or unable to travel to a live trial.

How Long Does A Deposition Take?

The length of a deposition varies depending on how involved the witness is in the case. Some depositions can be as short as fifteen minutes while others can stretch over an entire week.

What Are Some Tips for Providing a Strong Deposition?

Considering that a deposition can play a big role in the final verdict of a trial, you will want to be sure to give a good deposition. Here are some ways that you can help make your deposition as strong as possible:

• Dress to Impress – While you may be meeting outside of the courtroom, you will still want to make a good impression on the people who are present, including the attorneys and court reporter. Not only will dressing the part impress others but it may also give you a boost of confidence. Consider dressing as if you were going to a job interview.
• Answer Carefully – Take a moment to consider your answer before blurting it out. Make sure that you have the facts correct and are telling the truth as you are under oath and can get in legal trouble if you knowingly lie. Also, be sure to answer the question fully without omitting important details when the attorney asks you for specifics. Otherwise, keep your answer simple for general inquiries.
• Avoid Guessing – If you don't know the answer to a question, don't make up a response. Simply say that you don't know. Guessing can come back to haunt you if you are unsure of the answer and give a different response in the future.
• Listen to the Question – Don't assume that you know what question that the lawyer is going to ask you. Wait until he or she is finished speaking before you begin to answer. Not only does it make it easier for the court reporter to record everything if only one person is speaking at a time, but it also gives you time to fully understand the question before you answer.
• Don't Argue – Even if the attorney is asking you questions that you may not like, there's no point in arguing with them. Simply answer the questions truthfully and be respectful. The lawyer is just doing his or her job to get to the bottom of the case and you can tarnish your reputation and credibility by acting aggressive or combative.

If you have more questions about deposition law, you can contact an attorney to help you better understand your role in the deposition and prepare for deposition questions. The most important thing to remember is that you are under oath and should simply tell the truth.

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