By Lei Jiang, Esq., Lei Jiang LLC.
A deposition is sworn testimony outside the courtroom. The other side’s lawyer asks you questions under oath, a court reporter records everything, and your attorney sits beside you. It usually takes place in a conference room, not a courtroom — but what you say carries the same weight as testimony at trial.
Here is what to expect. You will be sworn in, then answer questions about what happened, often with documents put in front of you. The other lawyer is looking for facts, admissions, and inconsistencies — not a conversation. Your answers become a transcript the other side can use later, including at trial.
Preparation with your attorney is what makes a deposition go well. Before the day, meet with your attorney and review the key documents so nothing surprises you. Dress as you would for court, arrive early, and bring nothing you have not reviewed with your attorney. During the deposition, tell the truth, and if you do not know something, say “I don’t know” — guessing hurts far more than a gap. Give short, direct answers, and do not volunteer extra information the question did not ask for. If a question is unclear, say so and ask for it to be repeated. You can ask for a break when you need one. And do not argue with the other lawyer — that is your attorney’s job.
The practical takeaway: never walk into a deposition unprepared. Prepare with your attorney first, answer only what is asked, and let your attorney handle the fight.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This article is general information, not legal advice for your situation.