A deposition is part of the pre-trial discovery process in a lawsuit. One party’s attorney asks questions of the other party or a witness under oath, outside of the courtroom — usually in a lawyer’s office. The answers are given under oath and recorded word-for-word by a court reporter, who produces an official written transcript of the proceedings.
That transcript matters. It can be used in court, referenced in legal motions, and used to challenge a witness’s credibility if their trial testimony contradicts what they said during the deposition. Understanding why depositions are taken helps both attorneys and witnesses approach them with the right mindset.
Where Depositions Take Place
Most depositions happen in a lawyer’s office — typically the office of the attorney who initiated the deposition. The location can shift based on the needs of the parties involved. If a deponent has a serious illness or disability, the deposition may be held at their home or a nearby facility. Remote depositions conducted over video conference have also become common, particularly when parties are in different cities or states.
Who Is Involved
The core participants in a deposition are the questioning attorney, who asks the questions; the deponent, who answers them; and the deponent’s attorney, who is present to protect the deponent’s rights and can object to inappropriate questions. A court reporter is always present to create the verbatim transcript. In some cases a videographer is also present if the deposition is being recorded on video, and an interpreter may be needed if the deponent does not speak the same language as the questioning attorney.
When Depositions Are Taken
Depositions happen during the discovery phase — after a lawsuit is filed but before trial. Attorneys typically schedule them after reviewing the documents and written evidence produced by the opposing party, so they can ask more specific and informed questions. There are usually time limits on when depositions can be taken, which vary by jurisdiction. Missing that window generally requires court approval or agreement from the opposing party.
What Actually Happens
The deposition starts with the deponent taking an oath, administered by the court reporter or a notary. From that point forward, everything said is under oath, and false statements can result in perjury charges just as they would at trial.
The questioning attorney then asks their questions, working through the relevant facts of the case. The deponent’s attorney can object to specific questions — those objections are recorded in the transcript — but in most cases the deponent still has to answer unless the question involves legally protected information. After the deposition, the court reporter prepares the official transcript. The deponent typically has an opportunity to review it and flag any transcription errors before it is finalized. That transcript can then be used as evidence if the case goes to trial.
For a deeper look at what the transcript itself means for your case, see our article on why every word in a deposition transcript counts.
Understanding Deposition Rules
Depositions are regulated by procedural rules that vary by state. For federal cases, the governing documents are the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. These rules cover duration limits, approved locations, notice requirements, sworn testimony protocols, how exhibits are introduced, valid objections, and the process for correcting the transcript afterward. Deviating from them requires either mutual consent from all parties or explicit court approval.
If you have been served and are wondering whether attendance is optional, read our article on whether you legally have to give a deposition.
How to Prepare for a Deposition
Preparation makes a significant difference in how useful — or how damaging — a deposition turns out to be. For a full breakdown, see our dedicated deposition preparation guide. The short version:
- Meet with your attorney before the deposition and go over the likely questions.
- Review any documents relevant to the case — emails, contracts, records — so you are not caught off guard.
- Listen carefully to each question before answering. You do not have to rush.
- Answer only what was asked. Volunteering extra information rarely helps the deponent.
- Tell the truth. Inconsistencies between your deposition testimony and trial testimony are one of the most effective tools opposing counsel has.
Top 20 Common Deposition Questions
The specific questions in any deposition depend on the case. That said, most depositions follow a recognizable pattern. Attorneys typically open with background questions to establish who the deponent is and what they know, then move into the substance of the case. Here are 20 of the most common questions, and why each one gets asked.
- Can you state your full name for the record? Establishes the identity of the deponent and opens the official record.
- What is your current address and occupation? Provides background context and helps establish the deponent’s role and circumstances.
- Have you ever given a deposition before? Gauges familiarity with the process and can inform how the attorney approaches follow-up questions.
- Could you describe your understanding of why you are here today? Confirms the deponent understands the nature and purpose of the proceeding.
- Did you review any documents or speak to anyone in preparation for this deposition? Uncovers preparation activities and any potential outside influence on the testimony.
- How do you know the parties involved in this case? Establishes the relationship between the deponent and the parties, which affects how their testimony is weighted.
- Can you describe in detail what happened on the day in question? Opens the floor for the deponent’s account of events in their own words.
- What were the lighting, weather, or traffic conditions at the time of the incident? Establishes the environmental context, which can be relevant to liability and perception.
- Did you have any physical or mental conditions that affected your ability to observe or remember the events? Identifies potential limitations or biases in the deponent’s testimony.
- Did you discuss the incident with anyone? If so, who, when, and what was said? May reveal inconsistencies or identify additional sources of information.
- Did you see anyone else at the scene who might have witnessed the incident? Could surface additional witnesses the opposing party was not aware of.
- Are there any documents, emails, or text messages relating to the incident? May uncover additional evidence not yet produced in discovery.
- What injuries did you sustain as a result of the incident? In personal injury cases, establishes the nature and extent of the claimed harm.
- Have you sought medical treatment as a result of the incident? Ties documented medical care to the incident and helps establish severity.
- Did you miss work or have your job duties altered as a result of the incident? Establishes economic damages in personal injury or employment cases.
- Are there any previous incidents or injuries similar to those in this case? Helps determine whether the current injuries are new or part of a pre-existing pattern.
- Do you agree with the statements made in this document? Challenges or confirms the deponent’s position on specific written evidence.
- Did you follow all company policies and procedures relevant to the incident? In cases involving businesses or employers, probes whether negligence was a factor.
- What actions did you take immediately following the incident? Provides insight into the deponent’s state of mind and actions in the immediate aftermath.
- Is there anything else you believe is important for us to know about the incident? An open-ended closing question that gives the deponent an opportunity to add context — and gives the attorney a chance to catch anything they missed.
Who Gets to Ask These Questions
In a deposition, the questioning attorney — the lawyer who initiated the deposition — asks questions of the deponent. The deponent is either a party to the lawsuit (plaintiff or defendant) or a witness with relevant knowledge of the case.
The deponent’s own attorney is present throughout and can object to questions that are irrelevant, privileged, or otherwise inappropriate. Those objections go on the record. If the deposition transcript is later used in court, a judge will determine whether the objections were valid.
So if you are the plaintiff’s attorney, you would typically depose the defendant or witnesses aligned with the defense. If you represent the defendant, you would depose the plaintiff or their witnesses. The goal in both cases is to lock in testimony under oath before trial and identify any weaknesses in the opposing party’s story. For more on the tactics involved, see our article on common tricks lawyers use in civil litigation.
Notable Depositions in Recent History
High-profile depositions offer a useful window into how the process works in practice. Bill Clinton’s 1998 deposition during the Lewinsky investigation was unusual in that it involved a sitting President — portions of the videotaped recording were later aired publicly. O.J. Simpson, acquitted in his criminal trial, was subsequently deposed in the civil suit brought by the victims’ families, and his testimony played a significant role in the civil jury finding him liable. Bill Gates was deposed during the federal antitrust lawsuit against Microsoft in the late 1990s, and his responses — including arguments over the meaning of common words — became a notable part of the case record. These examples illustrate how deposition testimony can shape outcomes independent of what happens at trial.
Related Deposition Resources
If you are preparing for a specific type of proceeding, our guide to divorce deposition questions covers what to expect in family law cases. For a broader view of why depositions matter strategically, see the role of deposition transcripts in litigation.
If you need a court reporter to cover an upcoming deposition in Washington State, schedule with Vernon Court Reporters here. We have covered depositions across the state for over 40 years and provide accurate, impartial transcripts that hold up in court.
