What to expect from a deposition?
Asked by: Alessandra Wyman | Last update: January 26, 2026Score: 4.9/5 (19 votes)
In a deposition, a witness or party in a lawsuit gives sworn, out-of-court testimony under oath, answering questions from opposing lawyers to gather facts and evidence before trial, with a court reporter recording everything verbatim for a transcript used in discovery and potentially at trial. It's like a practice trial where attorneys ask about the case, injuries, background, and events, revealing information, assessing credibility, and locking in stories.
What should you not say during a deposition?
In a deposition, you should not lie, guess, speculate, volunteer extra information, get emotional, or use absolutes like "always" or "never," because these undermine credibility and can be used against you in court. Instead, listen carefully, answer only the question asked (simply "yes" or "no" if appropriate), and stick to what you personally know, asking for clarification on confusing or hypothetical questions, say "I don't recall" if you don't know, and maintain a calm, professional demeanor.
Do cases usually settle after deposition?
Yes, most personal injury cases settle, and depositions significantly increase the likelihood of settlement by clarifying case strengths and weaknesses, often leading to intensified negotiations and resolution within weeks or months, though complex cases can take much longer. Depositions provide crucial information for attorneys to evaluate their case and the opposing side's, driving settlement talks and sometimes leading to mediation soon after discovery concludes.
What questions do they ask during a deposition?
Some of the deposition questions that you can expect during this more benign stage of the proceedings include:
- What is your full name?
- What is your date of birth?
- What is your address?
- What is your Social Security number?
- What is your place of birth?
- Where did you go to school?
- What is your level of education?
What should I expect at a deposition?
Once the deposition begins, the attorney will begin asking you questions. The attorney may ask you about your background, your involvement in the case, and any relevant facts or information you may have. The attorney may also ask you to identify any documents or other evidence that may be relevant to the case.
What to Expect at a Deposition
What are common deposition mistakes?
Saying anything inconsistent with previous testimony. Saying anything inconsistent with the testimony of another witness. Making substantial mistakes in approximating time or distance when describing the details surrounding your claim. Making substantial mistakes about the dates and times of your medical treatment.
What is a reasonable settlement offer?
A reasonable settlement offer is one that fully covers all your economic losses (medical bills, lost wages, future costs) and compensates fairly for non-economic damages (pain, suffering, emotional distress), reflecting the unique strengths and weaknesses of your case, including potential liability and venue. It's generally much higher than an initial offer and requires understanding your full, long-term damages, ideally with legal and financial expert input, to avoid underestimating your true costs.
What are the common lawyer deposition tricks?
The Top 10 Tricks Lawyers Use In Depositions
- Think before you speak. Do you know what types of tricks lawyers use in depositions? ...
- Listen carefully. ...
- Don't interrupt. ...
- Listen to any objections. ...
- Ask to review documents. ...
- Provide an explanation. ...
- Verbalize your thoughts. ...
- Stay calm.
What are the three C's of divorce?
The "3 Cs of Divorce" generally refer to Communication, Cooperation, and Compromise, principles that help divorcing couples, especially those with children, navigate the process more smoothly by focusing on respectful dialogue, working together for shared goals (like children's welfare), and making concessions for equitable outcomes, reducing conflict and costs. Some variations substitute Custody or Civility for one of the Cs, emphasizing child-focused decisions or maintaining politeness.
What is the hardest question to ask a lawyer?
The hardest questions for a lawyer aren't about legal facts, but about deeply personal situations, like "How can I protect my children from abusive relatives if something happens to me?" or asking for a brutally honest "What is the likely worst-case outcome for my case, and what are my real chances of winning?", pushing beyond generic advice to uncover hidden challenges, their true battlefield experience, and if they're just sugarcoating the difficult realities of your specific legal problem.
How much will I get from a $25,000 settlement?
From a $25,000 settlement, you'll likely get significantly less than the full amount, often around $8,000 to $12,000, after attorney fees (typically 33-40%), case costs (filing fees, records), and medical bills/liens are paid, with the exact amount depending on how much your lawyer charges and the total medical expenses you owe.
Can a deposition hurt your case?
In 9 out of 10 cases, your deposition cannot hurt the lawsuit — unless you accidentally downplay the loss. That's why we take time to meet with you before your deposition, so you feel confident, prepared, and supported.
How long after a claim is settled until you get paid?
After a claim settles, you typically get your money in 2 to 6 weeks, but it can take longer due to signing release forms, clearing liens (like medical bills), lawyer processing, and the insurance company's internal procedures, with complex cases extending the timeline. The money first goes to your lawyer, who pays costs, liens, and fees before issuing your net payment, often via check or direct deposit.
What is the hardest thing to prove in court?
The hardest things to prove in court involve intent, causation (especially in medical cases where multiple factors exist), proving insanity, and overcoming the lack of physical evidence or uncooperative victims, often seen in sexual assault or domestic violence cases. Proving another person's mental state or linking a specific harm directly to negligence, rather than underlying conditions, requires strong expert testimony and overcoming common doubts.
Should you smile during a deposition?
And (because smiling isn't always appropriate during a deposition) fortunately, you don't have to flash a big smile, or even grin. “Smiling” can be as simple as relaxing your forehead, unclenching your jaw, and very slightly raising your cheekbones. We promise, you'll look authentically pleasant…not crazy.
What is the B word for lawyer?
The "B word" for a lawyer, especially in the UK and Commonwealth countries, is Barrister, which refers to a specialist lawyer who argues cases in higher courts, distinct from a solicitor, though other terms like Attorney, Counsel, or even the pejorative "ambulance chaser" can be used, while "Esquire" (Esq.) is a title for any licensed lawyer in the U.S.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
What is called a grey divorce?
Grey divorce or late-life divorce is the demographic trend of an increasing divorce rate for older ("grey-haired") couples in long-lasting marriages, a term typically used for people over 50. Those who divorce may be called silver splitters. Divorcing late in life can cause financial difficulties.
What makes you look better in court?
Dress Neatly and Make Sure Your Clothes Fit
The first rule of thumb for what to wear to court is to dress appropriately by choosing clothing that looks clean, neat, and fits you well. You do not have to buy a new outfit, just be sure that you are meeting those two criteria with what you choose.
How to win your deposition?
Deposition Tips
- Be prepared. ...
- Think before answering. ...
- Never volunteer information. ...
- Make sure you understand the question. ...
- You must tell the truth. ...
- Don't get rattled or upset. ...
- Don't guess. ...
- If you do not remember, say so.
What does an attorney usually hope to achieve at a deposition?
Generally, it has two purposes: To find out what the witness knows, and to preserve that witness' testimony. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised at trial.
How much of a 30K settlement will I get?
From a $30,000 settlement, you'll likely receive significantly less, with amounts depending on attorney fees (often 33-40%), outstanding medical bills (paid from the settlement), case expenses, and potentially taxes, with a realistic take-home amount often falling into the thousands or tens of thousands after these deductions are covered, requiring a breakdown by your attorney.
What is the 408 rule for settlement negotiations?
The amendment makes clear that Rule 408 excludes compromise evidence even when a party seeks to admit its own settlement offer or statements made in settlement negotiations. If a party were to reveal its own statement or offer, this could itself reveal the fact that the adversary entered into settlement negotiations.
When not to accept a settlement offer?
Claimants should consider the long-term implications of the settlement and reject offers that don't provide for future needs. Disputes over Liability or Negligence: Claimants should not accept offers that undermine their legal rights or fail to hold responsible parties accountable for their actions.