Criminal Appeals and Litigation Blog

What is a Deposition?

Like most people, you may have never before been involved in litigation. It’s understandable you’ll have questions and, perhaps, some apprehension. A deposition, or examination before trial, is a pre-trial legal procedure in a lawsuit. The attorney for one party questions the other party, or a non-party witness, under oath regarding issues relevant to the case. All questions and answers and other words spoken are recorded by a stenographer on a stenographic machine and transcribed into a written document, the ‘transcript’.

The attorney who is questioning a party or a witness attempts to learn everything he or she can about the case in an effort to support the claims being made by his or her client.  The party being questioned -deposed – is accompanied by his or her own attorney to protect that party’s legal rights. Court rules require depositions to be conducted with civility.  This infographic covers some general rules governing a witness’ conduct at a deposition.

A deposition is conducted before trial to assist the parties and their attorneys in settlement negotiations.

What is a Deposition? Infographic
Title ASK THE LAWYER What is a Deposition
Your attorney will discuss the specifics of any depositions in your particular case but there are some general guidelines governing a witness conduct at a deposition
Your attorney will discuss the specifics of any depositions in your particular case but there are some general guidelines governing a witness conduct at a deposition
Take your time Think about your answer before you speak
Do not guess If you dont know the answer say you dont know If you dont understand ask that it be explained
Do not lose your temper
Do not speak sarcastically or tell jokes Tones of voice are not reflected in written words of transcript
If your attorney objects to a question or directs you not to answer stop speaking until further instructed
Serving clients and the legal community since 1925
Back to Top