How to Prepare for a Deposition: A Practical Checklist

A deposition is sworn testimony given outside of court, usually in a conference room or over video. Attorneys ask questions, a court reporter records every word, and the transcript may be used later in the case. For many people it is an unfamiliar and stressful experience, but preparation makes a real difference.

Know What a Deposition Is

You will be placed under oath, just as in court. There is typically no judge present, but the rules of honesty are the same. The attorney who called the deposition asks questions first, and other attorneys may follow. Your own attorney can object to certain questions and will advise you if you should not answer.

Prepare With Your Attorney

• Review documents, emails and timelines that relate to the case so that you are comfortable with the facts.
• Ask your attorney which topics are likely to come up.
• Practice answering sample questions aloud.
• Confirm the date, location, or video link, and plan to arrive early.

Answering Questions Well

Listen to the entire question before you answer. Pause for a moment, which also gives your attorney time to object. Answer only what is asked, in plain language, without guessing. If you do not know or do not remember, say so. If you do not understand a question, ask for it to be repeated or rephrased. Never volunteer extra information, and never exaggerate.

Speak for the Record

The court reporter can only capture what is said aloud. Use words instead of nods or gestures, and avoid saying "uh-huh" or "huh-uh" because they can be hard to transcribe. Speak at a steady pace and do not talk over the attorney, since overlapping speech is difficult to record accurately. If you need a break, ask for one, but not while a question is pending.

Handling Documents and Exhibits

You may be shown exhibits and asked to identify them. Take time to read the part of the document you are being asked about. If a document is unfamiliar, say so rather than guessing.

After the Deposition

You usually have the right to review the transcript and note any errors, often within a set period. Read it carefully. Corrections should be limited to genuine mistakes in transcription, and your attorney can advise you on the process.

Remote Depositions

If your deposition is held over video, test your internet connection and camera in advance, use a quiet room and keep the screen free of notifications. Make sure only the people allowed to be present are in the room.

This article offers general information, not legal advice. Talk to your attorney about your specific situation.