Recorded
Every word is captured: - Court reporter creates a written transcript - Often video is also recorded - Audio is recorded as backup - The transcript is the official record Conducted by opposing counsel The deposition is taken by the defense attorney (or by your attorney if the deposition is of a defense witness). The deposing attorney asks questions; you answer. Outside of court Depositions usually happen in attorney offices, court reporter offices, or via Zoom. No judge is present. The atmosphere is more informal than court but the testimony has the same legal weight. Discoverable Deposition testimony becomes part of the case record: - Can be used at trial - Can be referenced in motions - Can impeach trial testimony - Affects settlement negotiations Why depositions matter Several reasons make depositions critically important. Testing the witness Defense attorneys take depositions to: - See how you present - Find inconsistencies - Identify weaknesses in your case - Lock in your testimony before trial - Get admissions they can use later A strong deposition typically improves settlement prospects. A weak deposition can substantially hurt your case. Discovering evidence Defense attorneys learn about: - Your background - Your medical history (including pre-existing conditions) - Your work history - Your finances - Your social life - Other potentially relevant information Building the case Both sides develop case theories based on deposition testimony: - Your version of events - Defense theories of comparative fault - Damages and how they affected you - Witnesses to interview - Evidence to gather
Settlement evaluation
After depositions, both sides re-evaluate the case: - Was the plaintiff credible? - How will they appear to a jury? - What weaknesses exist? - What is the realistic settlement value? A confident, credible plaintiff often produces dramatically improved settlement offers. Who attends your deposition Several people are typically present: You (the deponent) You're the central focus. Your testimony is being recorded. Your attorney Sits next to you. Can: - Object to improper questions - Instruct you not to answer in narrow circumstances - Request breaks - Confer with you (but limited during questioning) Cannot: - Answer for you - Coach you during testimony - Stop the deposition for most reasons Defense attorney Asks questions. Their job is to: - Develop the defense theory - Identify case weaknesses - Lock in your testimony - Find admissions Court reporter A neutral professional who: - Administers your oath - Creates verbatim transcript - Marks exhibits - Maintains record Possibly: insurance representative Sometimes the insurance adjuster handling your case attends to observe firsthand. Possibly: video operator If videotaped, a videographer handles recording. Possibly: the defendant The actual at-fault party sometimes attends, though usually they don't.
What questions to expect
Defense attorneys cover predictable topics in personal injury depositions. Background and biographical information (30-60 minutes) Full name, address, date of birth Education history Marital history and relationships Children Military service Criminal history (if any) Employment history (15-30 minutes) Current employer and position Job duties and physical requirements Salary and benefits Employment history (often going back 5-10 years) Reasons for leaving past jobs Side businesses or additional income Medical history (45-90 minutes) This is often the longest section: - Primary care doctor (going back years) - Specialists you've seen - Past injuries (especially to the same body parts) - Past surgeries - Pre-existing conditions - Chronic medical issues - Medications you take - Mental health treatment Defense attorneys look for pre-existing conditions they can attribute your current symptoms to. The accident itself (30-60 minutes) Detailed questions about: - Where you were going and why - Speed, lane position, conditions - What you saw before impact - The impact itself - What happened immediately after - Anything you said to others - Whether you were wearing seatbelt (in car cases) Injuries and treatment (60-90 minutes) Pain felt at the scene Initial medical treatment Each medical provider you've seen - - - - - - - - - - - - - - - ## Diagnoses received
Treatment provided Medications prescribed Therapy attended Current symptoms and limitations Impact on your life (30-60 minutes) Activities you've stopped or reduced Effect on work Effect on family relationships Effect on hobbies and recreation Sleep changes Mental health effects Daily limitations Damages claimed (15-30 minutes) Medical bills you've paid Lost wages calculation Out-of-pocket expenses Specific damages you're claiming Other questions Other claims or lawsuits filed Insurance you have Social media use Recreation and physical activities since accident Surveillance of you (rare but possible) How to prepare effectively Preparation is the single biggest factor in deposition success. - - - - - - - - - - - - - - - - - - - - - ## Pre-deposition meeting with your attorney
Schedule 2-3 hours before the deposition to: - Review the likely questions - Practice answering questions clearly - Review your medical records - Identify potentially problematic areas - Discuss strategy for difficult topics Review your written statements Re-familiarize yourself with: - Statements you've given to insurance - Your medical records - Your demand letter - Any prior court filings - Police report Inconsistencies between your deposition and these records create problems. Your attorney should review with you to ensure consistency or explain any apparent inconsistencies. Review the timeline Know: - Date of accident - Date of first medical treatment - Date of major procedures - Date you returned to work (if applicable) - Date treatment ended (or status of ongoing treatment) You don't need exact dates for everything, but key dates should be accurate. Practice physical comfort Get comfortable with: - Sitting for long periods - Speaking clearly - Maintaining concentration - Brief pauses before answering Get rest beforehand Don't go into a deposition fatigued. Get good sleep the night before. Avoid coffee or other stimulants that increase anxiety. How to perform well in your deposition Several techniques significantly improve deposition performance. Listen carefully to each question Wait until the question is complete Make sure you understand it If you don't understand, ask for clarification Don't anticipate what the questioner is asking - - - - ## Pause briefly before answering
A brief pause: - Allows time to think - Gives your attorney time to object - Demonstrates thoughtfulness - Helps you give accurate answers Don't rush. A few seconds of pause is fine. Answer only what's asked Don't volunteer information. If asked "When did you see the doctor?" answer "April 15th." Don't add "And during that visit, we discussed my prior back issues from 2020." Volunteered information: - Often gets used against you - Opens new lines of inquiry - Extends the deposition - Provides unnecessary ammunition Be honest Lying or shading the truth backfires: - Defense attorneys often have records you don't know about - Lies get exposed and destroy credibility - Honesty about weaknesses is better than deception If you don't remember, say "I don't remember." If you're not sure, say "I'm not certain." These are acceptable answers. Don't speculate If you don't know something, say you don't know. Don't guess: - "I'd estimate..." can be twisted - "I'm not sure, but probably..." opens problems - "I don't recall" is acceptable Stay calm Defense attorneys may try to provoke you: - Asking the same question repeatedly - Implying you're lying - Acting surprised at your answers - Mocking your testimony Don't take the bait. Calm, professional responses serve your case best. Take breaks You can request breaks: - For bathroom needs - To compose yourself - To consult with your attorney about specific issues (limited) - For physical comfort Don't avoid breaks because you feel you should "push through." Breaks help your performance.
Correct mistakes immediately
If you realize you've answered something incorrectly: - Immediately correct it - "Actually, I need to correct my last answer..." - Don't let a misstatement stand Don't argue with the questioner If you disagree with how a question is phrased: - Answer with your own framing - Don't argue about the question - Let your attorney handle objections What your attorney can and can't do Your attorney's role during deposition is limited. What they can do Object to improper questions (legal objections) Instruct you not to answer in narrow circumstances (privilege, harassment) Request reasonable breaks Confer with you during breaks Question the witness after defense is done (rare) What they can't do Answer for you Coach you during questioning Stop the deposition for most reasons Tell you what to say Object to most "leading" questions This is why preparation before the deposition matters so much. Once questioning starts, your attorney's role is limited. After the deposition Several things happen after your deposition. Transcript review The court reporter produces a written transcript. You'll have an opportunity to: - Review for accuracy - Note any transcript errors - Make formal corrections (limited) - - - - - - - - - - Don't try to change substantive testimony — only correct actual transcription errors. Strategic implications Both sides analyze the deposition: - What new information emerged? - How did the plaintiff present? - What case adjustments are needed? - What's the case worth now? Settlement discussions often follow Many cases settle in the weeks following plaintiff deposition. This is because: - Both sides now know more about the case - The plaintiff's credibility is known - Strengths and weaknesses are clearer - Settlement value can be evaluated Defendant depositions If your case continues, you'll attend (without testifying) the defendant's deposition. This is when your attorney questions the at-fault party. Expert depositions If experts are involved, their depositions typically come later in the case. Common mistakes to avoid Several common mistakes hurt deposition performance. Trying to "win" the deposition The deposition isn't a debate. You can't "win" it. The goal is: - Tell the truth - Provide answers as briefly as possible - Don't volunteer information - Maintain composure Plaintiffs who try to "win" by arguing every point, providing extensive explanations, or trying to make persuasive arguments typically hurt their case. Being too aggressive Aggressive responses to defense attorneys backfire: - "How dare you ask me that!" - Sarcastic responses - Refusing to answer reasonable questions - Lecturing the attorney Calm professionalism serves you better than confrontation.
Being too compliant
Conversely, being too eager to please: - Agreeing with everything proposed - Providing extensive helpful information - Answering questions you don't really understand - Volunteering damaging admissions You can be polite without being a pushover. Trying to remember everything perfectly You can't remember every detail. Acknowledging gaps in memory: - Is accurate (no one remembers everything) - Prevents inconsistencies later - Is professional - Avoids speculation "I don't recall" is an acceptable answer. Speculating about the case Don't speculate about: - What your doctors think - What experts will say - What evidence exists - What other witnesses said Stick to what you personally know and remember. Frequently asked questions Will I have to take a deposition? In most cases that don't settle in pre-suit negotiations, yes. Defendants typically depose plaintiffs. Plaintiffs typically depose defendants and key witnesses. How long do depositions take? Typical plaintiff depositions in personal injury cases: 2-4 hours. Complex cases can run longer. Federal court depositions are limited to 7 hours total. Can I refuse to answer questions? Generally no, with narrow exceptions for privileged information (attorney-client communications, etc.) or harassment. Your attorney will instruct you if there are legitimate grounds to refuse. What if I make a mistake? Correct it immediately or as soon as you realize. Lying or letting mistakes stand makes things worse. Can my deposition be videotaped? Yes, increasingly common. Video captures demeanor and presentation in ways the transcript doesn't. Be aware you may be on camera. Will the defendant attend my deposition? Sometimes yes, sometimes no. Insurance representatives often attend. The actual defendant attending is more variable. What happens if I just refuse to do the deposition? You'd be subject to court sanctions, potentially including: - Dismissal of your case - Monetary sanctions - Court orders compelling testimony - Loss of credibility before any future jury
Don't refuse legitimate deposition requests. This article is for general informational purposes only and does not constitute legal advice. To discuss your case, contact Saguaro Injury Law at (623) 887-2002 for a free consultation or take our free case review. Hablamos español. Past results do not guarantee future outcomes.
Talk to a Saguaro Injury Law attorney
If you or a loved one has been injured in Arizona, our team can review your case at no cost. Call (623) 887-2002 or request a free case review.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. For advice on your specific situation, please contact a licensed Arizona attorney. Past results do not guarantee future outcomes.