How To Prepare for a Deposition

September 18, 2024 | Personal Injury

How To Prepare for a Deposition

A deposition is an out-of-court cross-examination given by the opposing party’s lawyer. It is part of the pretrial discovery phase of a personal injury lawsuit, and its purpose is to gather testimonial evidence for both sides. Although a deposition will typically take place in the conference room of a law office, all of your answers will be under oath. 

Why the Opposing Attorney Might Want to Take Your Deposition

Here are just a few of the reasons why the opposing party might want to depose you.

  • To gather information about your case strategy.
  • To pin down your testimony and use it against you if you contradict yourself in court. 
  • To size you up as a witness–are you composed, or are you easy to rattle? This is particularly important if you are an expert witness.
  • To gather information about the case.
  • To assess your credibility and likability as a witness in front of a jury.
  • To try to get you to say something that will hurt your case.
  • To identify any weaknesses in your case.
  • To preserve your testimony in case you are unavailable to testify at trial.
  • To pressure you into settling the case.

Remember, you can also depose the opposing party’s witnesses for the same reasons.

Who Shows Up at a Deposition?

The people in attendance at a deposition include:

  • Testifying witnesses;
  • Lawyers for both parties and
  • A court reporter to record the proceedings.

One notably absent party is the judge. That means there will be nobody to rule on objections. Nevertheless, your lawyer should still object when appropriate to preserve the objection for trial.

Principles to Guide You

Observe the following principles when giving a deposition. In fact, you should know them inside by heart by the time you walk into the conference room. 

  • Know your case well. Study thoroughly, like you’re preparing for exams.
  • Practice your testimony. Ask your lawyer to act as the opposing attorney and grill you.
  • Work with your lawyer to understand the opposing side’s strategy.
  • Dress professionally.
  • Bring water.
  • Don’t use notes while testifying. Ask your lawyer to take notes for you.
  • If you don’t understand a question, ask for clarification.
  • Think before you speak. It’s okay to pause.
  • Answer only the question asked. Don’t provide extra information.
  • Stay calm. Don’t get intimidated or angry.
  • Tell the truth. Lying under oath is a crime.
  • If you don’t know or remember something, say so. Don’t guess.
  • Don’t change your answer if the same question is asked multiple times.
  • Don’t testify about a document unless you know it well.
  • Answer verbally. Don’t nod or use gestures. 

To adequately prepare for a deposition, immerse yourself in the details of your case. Review all relevant documents, including any correspondence, contracts, or reports that pertain to the matter at hand. Discuss the case in depth with your attorney, ensuring you understand the key points and potential lines of questioning. 

Practice answering questions, both straightforward and challenging, to refine your responses and ensure clarity. Familiarize yourself with any documents you might be asked about during the deposition, paying particular attention to the fine print. Finally, ensure you understand the overall strategy your legal team has developed so your testimony aligns with the broader objectives of your case.

Remember, thorough preparation is the foundation for a confident and successful deposition. These guidelines are just the tip of the iceberg. Talk to your lawyer for further advice.

Walking into a deposition without preparation is a recipe for disaster. But you need an experienced personal injury lawyer to prepare you for a deposition. So what should you do? Schedule a free initial consultation with a reputable personal injury lawyer to get help preparing for a deposition. 

Contact an Experienced Phoenix Personal Injury Lawyer for Help With Your Claim

If you were injured in an accident in Phoenix, AZ, and need legal help, contact our Phoenix personal injury attorneys at Curiel & Runion Personal Injury Lawyers to schedule a free case review today.

Curiel & Runion Personal Injury Lawyers
1221 E Osborn Rd. Suite 201
Phoenix, AZ 85014
(602) 595-5559

Curiel & Runion Personal Injury Lawyers
5151 E Broadway Blvd. Suite 1600
Tucson, AZ 85711
(520) 492-0926

Curiel & Runion Personal Injury Lawyers
400 Gold Avenue SW Suite 650
Albuquerque, NM 87102
(505) 594-3621