In law, a deposition is sworn testimony given out of court before a trial. A witness (the deponent) answers questions from the lawyers under oath, while a court reporter records every word, and sometimes the session is also videotaped. Depositions are part of “discovery,” the stage where each side gathers evidence. The testimony can later be used at trial, for example to challenge a witness who changes their story.
Note: this guide is general information, not legal advice. Rules differ by country, state and court. If you are asked to give a deposition, speak with a lawyer.
In this article
Deposition at a Glance
| Question | Answer |
|---|---|
| What is it? | Out-of-court questioning of a witness under oath |
| When? | During discovery, before trial |
| Where? | Usually a law office or conference room, or by video |
| Who is there? | The deponent, lawyers for each side, a court reporter, sometimes a videographer and the parties |
| Is a judge present? | Usually no |
| Is it under oath? | Yes; lying can be perjury |
| How long? | Varies; US federal rules generally limit a deposition to one day of 7 hours unless extended |
Time limits come from Federal Rule of Civil Procedure 30 in US federal civil cases; state rules may differ.
Why Depositions Happen
- To learn the facts: lawyers find out what a witness knows before trial.
- To lock in testimony: the transcript records the witness’s story so it cannot easily change later.
- To evaluate witnesses: lawyers see how credible and clear a witness is.
- To preserve evidence: if a witness cannot attend trial, their deposition may be used instead.
- To encourage settlement: strong or weak testimony can push both sides to settle.
What Happens During a Deposition
- Oath. The court reporter swears in the deponent.
- Instructions. The questioning lawyer usually explains the ground rules: answer out loud, wait for the full question, ask if something is unclear.
- Questioning. The lawyer who requested the deposition asks questions; the other side’s lawyer may ask follow-up questions.
- Objections. Lawyers may object for the record, but in many cases the witness still answers unless instructed not to (for example, to protect privileged information).
- Breaks. Short breaks are normal, though you usually should not take a break while a question is pending.
- Transcript. The reporter prepares a written transcript. In many jurisdictions the deponent can review it and note corrections.
Types of Depositions
| Type | What it means |
|---|---|
| Oral deposition | Live questions and answers, in person or by video |
| Written deposition (written questions) | Questions are submitted in writing and read to the witness by an officer |
| Video deposition | Recorded on video, often for witnesses who may not attend trial |
| Corporate representative deposition | An organization names a person to testify on its behalf on listed topics (in US federal courts, under Rule 30(b)(6)) |
| Expert deposition | Questioning of an expert witness about their opinions and methods |
How to Prepare for a Deposition
- Meet your lawyer. Go over the case, likely questions and documents.
- Review documents. Read anything you wrote or signed that relates to the case.
- Tell the truth. Honesty matters most; you are under oath.
- Listen carefully. Wait for the full question, pause, then answer only that question.
- Keep answers short. Do not guess or volunteer extra information.
- It is OK to say “I don’t know” or “I don’t remember.” If that is the honest answer.
- Ask for clarification. If a question is confusing, say so.
- Stay calm. Some questions may feel repetitive or uncomfortable; take a breath before answering.
- Dress neatly. Especially if the deposition is videotaped.
Deposition vs Testimony in Court
| Deposition | Court testimony | |
|---|---|---|
| Where | Office or video call | Courtroom |
| Judge present | Usually not | Yes |
| Jury | No | Sometimes |
| Scope of questions | Often broader | Limited by rules of evidence |
| Under oath | Yes | Yes |
Frequently Asked Questions
What does deposition mean in simple terms?
It means giving sworn answers to lawyers’ questions outside court, which are recorded and can be used later in the case.
Can you refuse to be deposed?
If you receive a valid subpoena or notice, you generally must attend. Refusing can lead to court penalties. Talk to a lawyer if you have concerns, such as protecting private or privileged information.
Do depositions mean a case is going to trial?
No. Many cases settle after depositions. They are a normal step in civil litigation.
Can a deposition be used in court?
Yes. It can be used to challenge inconsistent testimony and, in some situations, read or played at trial when a witness is unavailable.
The Bottom Line
A deposition is sworn, recorded out-of-court testimony collected during discovery. Prepare with your lawyer, tell the truth, listen carefully and keep your answers short and accurate. For more plain-English law guides, visit The Urban Splatter.
