A deposition is one of the many tools lawyers use to gather information before a trial. In fact, in many ways, a deposition is like a trial. If you are called or subpoenaed for a deposition, you are being called to testify about your personal knowledge of facts that relate to a lawsuit.

You can expect the following people to be present at a deposition: first, an officer of the court (usually a court reporter) who is authorized to give oaths; second, lawyers who represent either side of the lawsuit; and, third, the parties to the lawsuit if they choose to attend. You may also have an attorney to appear with you at your deposition.

At your deposition, you can first expect to be sworn in by the court reporter or court officer. The oath that you will be given is the same oath to tell the truth that witnesses are given in any trial. After taking the oath, the attorney who requested the deposition will then begin to ask you questions concerning your knowledge of the facts involved in the lawsuit. You are under an obligation to answer these questions truthfully and to the best of your knowledge, unless you feel that by answering a question you may be exposing yourself to criminal liability. In that case, you may refuse to answer the question on the grounds that your answer may tend to incriminate you. Speak clearly so that the court reporter can understand you and accurately record your testimony. If one of the lawyers makes an objection during your testimony, stop talking and wait for further instruction as to whether you should answer the question.

Within a week to ten days after the deposition is over, you will have the opportunity to review a written transcript of your testimony. It is important that you review your deposition carefully and make sure that there are no errors. If you are called to be a witness at trial and your testimony at trial differs from your testimony in the deposition, your credibility as a witness may be injured. Once you have read your testimony and corrected any inaccuracies, you will then be asked to sign your deposition. You are always entitled to keep a copy of your deposition for reference, if necessary.

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