If you have never been deposed before, the idea of answering questions from attorneys under oath can feel intimidating. You may be worried about forgetting something, misunderstanding a question, or saying something that becomes part of the official record.
The good news is that knowing what to expect can make the process much easier.
A deposition is not a test, and you do not need to memorize answers or prepare a speech. Your job is to listen carefully, answer truthfully, and ask for clarification when you need it.
Before your deposition, talk with your attorney about what to expect, including how breaks will work, what you should bring, and what happens after the questioning is finished.
What Is a Deposition?
A deposition is testimony given under oath outside of the courtroom. The person answering the questions is called the deponent.
During a deposition, attorneys ask questions about information that may be relevant to the case, and the testimony is recorded. A judge typically is not present.
This guide focuses on civil depositions. The exact procedures can vary depending on the state, court orders, and agreements between the parties. Your attorney can explain which rules apply to your particular deposition.
Deposition FAQ for First-Time Witnesses
Is It Normal to Be Nervous?
Absolutely. A deposition can be unfamiliar and stressful, especially if you have never participated in one before.
Talk with your attorney about your concerns before the deposition. You can also practice the question-and-answer format so you know what to expect. The goal is to become comfortable answering questions—not to memorize a script.
Reviewing the events and subjects you may be asked about is helpful. Memorizing specific answers is not.
The U.S. Department of Justice also recommends that witnesses recall the events they are testifying about without memorizing their testimony.
What Should I Do If I Do Not Know the Answer?
If you do not know the answer, say that you do not know.
If you do not remember, say that you do not remember.
Most importantly, do not guess. If you can only provide an estimate, make it clear that you are estimating rather than presenting the information as an exact fact.
And if you do not understand a question, ask the attorney to repeat or rephrase it. You can also explain your answer if a question cannot accurately be answered with a simple "yes" or "no."
Can I Correct Something I Said Earlier?
Yes. If you realize that an earlier answer was incorrect, let the attorneys know as soon as you recognize the mistake.
Do not continue giving an inaccurate answer simply because the questioning has moved on to another topic.
The correction will become part of the recorded deposition. This is different from reviewing the transcript after the deposition, which is a separate process.
What Happens When an Attorney Objects?
If an attorney objects to a question, pause and allow the objection to be recorded.
In federal depositions, most objections do not stop the questioning. In most situations, you will still answer the question after the objection.
An attorney's instruction not to answer is different. There are limited circumstances in which an attorney may instruct a witness not to answer, such as protecting privileged information, enforcing a court-ordered limitation, or addressing an improper examination.
Before your deposition, ask your attorney what you should do if an objection occurs. Most importantly, do not assume that an objection means you did something wrong.
Can I Take a Break During a Deposition?
Yes. If you need a break, ask for one.
It is also a good idea to discuss scheduling, accessibility, or accommodation needs with your attorney before the deposition begins.
If you need to pause while a question is pending, let the attorneys know rather than simply leaving the room or disconnecting from a remote deposition.
Also, plan for the possibility that your deposition may take several hours. Under Federal Rule of Civil Procedure 30(d)(1), a deposition is generally limited to one day of seven hours unless the parties agree to additional time or a court orders otherwise. Breaks generally do not count toward those seven hours.
State rules may be different, so ask your attorney what time limits apply to your deposition.
How Do Depositions Fit Into Discovery?
A deposition is one part of the discovery process.
Discovery is the process attorneys use to exchange and gather information before trial. A deposition allows attorneys to ask questions and follow up based on a witness's answers.
Other discovery tools serve different purposes, including:
Interrogatories: Written questions directed to another party, with answers generally provided under oath.
Document requests: Requests for relevant records, including electronically stored information.
Requests for admissions: Requests asking a party to admit or deny specific facts or the authenticity of documents.
Deposition notices: Notices identifying when and where a deposition will take place and how it will be recorded.
A subpoena may also require a nonparty to provide testimony or records, subject to applicable protections.
If the parties cannot resolve a discovery dispute, an attorney may ask the court to intervene through a motion to compel. If you receive a discovery request, do not ignore it. Talk with your attorney about how you should respond.
The Deposition Process Explained
Knowing what typically happens during a deposition can make the experience feel much more manageable.
Arrival and Introductions
Before your deposition, confirm the address or video meeting link, start time, and expected duration.
Ask your attorney whether you need to bring identification, documents, or anything else with you. If you need an interpreter or have hearing or other communication needs, discuss those arrangements in advance.
Depending on the case, the people participating may include attorneys, party representatives, a court reporter, a videographer, and an interpreter.
You should not assume that you will only be in the room with the attorney asking questions.
The Oath and Recording
At the beginning of the deposition, an authorized deposition officer will administer an oath or affirmation requiring you to tell the truth.
This requirement applies whether your deposition takes place in a conference room, law office, or through a video connection.
The opening portion of the deposition identifies the witness and the people participating.
A court reporter commonly records the spoken testimony and prepares the written transcript. In federal cases, audio or audiovisual recording may also be used unless the court orders otherwise.
Your attorney can tell you what recording methods will be used for your deposition.
Questioning and Exhibits
The attorney taking your deposition will usually begin with introductory questions and an explanation of the deposition process before moving into questions about the case.
Other attorneys may have an opportunity to ask questions as well. Depending on the case, there may be additional rounds of questioning.
Documents, photographs, and other materials may also be introduced as exhibits.
Take your time when reviewing an exhibit. If you are asked about a particular document, identify the page or section you are discussing. Do not assume that an entire document is accurate simply because you recognize part of it.
When answering questions, speak your answers aloud rather than relying on nods or gestures. Wait until the attorney finishes the question before answering, and try not to talk over other participants. This helps the court reporter accurately capture the testimony.
When Is the Deposition Over?
Do not assume your deposition is finished just because one attorney says they have no further questions.
Wait until the deposition is formally concluded or adjourned before leaving or disconnecting.
Before you leave, ask your attorney whether anything else is scheduled and what you should expect regarding review of the transcript.
What Should I Expect at a Remote or Hybrid Deposition?
Remote and hybrid depositions are now common.
A remote deposition allows participants to join from different locations. In a hybrid deposition, some participants are together in person while others participate by video.
Federal Rule of Civil Procedure 30(b)(4) allows remote depositions by agreement of the parties or court order.
While the format may be different, the basic expectations remain the same: be prepared, listen carefully, and make sure your testimony can be clearly heard and recorded.
Test Your Equipment Before the Deposition
If your deposition is remote, test the equipment and internet connection you will use for the actual testimony.
Make sure you know:
How to join the meeting
What time zone the deposition is scheduled in
How to contact technical support
How to connect your microphone and camera
How to access electronic exhibits
Keep your computer or other device connected to power throughout the deposition.
Choose a quiet location and position your camera so that you can be seen clearly. Close unrelated applications and eliminate distractions.
For a hybrid deposition, the technology should also be tested to make sure everyone in the room can hear and communicate with remote participants.
Follow the Communication Rules
Before the deposition begins, ask who is permitted to be in the room with you and make sure everyone present is disclosed.
Do not use text messages, private chats, or off-camera prompts to receive help answering questions.
Talk with your attorney beforehand about when you can communicate privately during breaks and what communications are permitted while questioning is taking place.
Your deposition may also be subject to a specific remote-deposition protocol. Do not assume that a platform's chat feature is automatically an approved way to communicate privately with your attorney.
Reviewing Exhibits on Screen
During a remote deposition, exhibits may be shared electronically, displayed through screen sharing, or provided as physical documents.
Follow the instructions for when to open or review an exhibit. If you cannot read a document or the page being shown is difficult to see, ask for a clearer copy or a different view.
You should be able to review the document yourself rather than answering based solely on an attorney's description of it.
If your video freezes, your audio stops working, or you cannot access an exhibit, speak up immediately. Let everyone know what you missed and ask for the question or document to be presented again once the problem has been resolved.
What Happens When You Review Your Deposition Transcript?
After your deposition, the court reporter prepares the transcript containing the questions and your answers.
Ask your attorney when the transcript is expected, how you will receive it, and what review procedure applies in your case.
Do not assume that your transcript review deadline begins on the day you testify. The applicable rules may determine when the review period actually starts.
The Federal Review Deadline
Under Federal Rule of Civil Procedure 30(e), a witness or party must request the opportunity to review the transcript or recording before the deposition is completed.
The rule generally provides 30 days after the deposition officer gives notice that the transcript or recording is available for review. Any changes must be included in a signed statement explaining the reasons for the changes.
Your attorney can confirm the applicable deadline and explain how the completed paperwork should be returned.
Completing an Errata Sheet
An errata sheet is used to document corrections to a deposition transcript.
When reviewing your transcript, read both the questions and your answers. If you identify something that needs to be corrected, identify the page and line, provide the corrected wording, and explain the reason for the change.
It is important to distinguish a transcription error from a mistake in your testimony. Courts may treat substantive changes differently, particularly when a correction contradicts an earlier answer.
A correction also does not automatically erase the original testimony.
For that reason, discuss proposed changes with your attorney rather than treating the errata process as an opportunity to rewrite your testimony.
State Procedures May Be Different
Deposition transcript procedures and deadlines can vary from state to state.
For example, California Code of Civil Procedure § 2025.520 generally provides 30 days after notice that a stenographic transcript is available, subject to the statute's timing and waiver provisions.
The procedure is different from the federal request-based process described above.
The important thing to remember is that you should not assume the federal rules—or the rules from another state—apply to your deposition.
Ask your attorney which rules and deadlines apply to your case before the deposition is concluded.
What Happens After Your Testimony?
A deposition does not decide the outcome of a lawsuit.
After the deposition, attorneys may review your testimony along with documents and other evidence. Your testimony may become part of settlement discussions, trial preparation, or other stages of the case.
Depending on the applicable rules, deposition testimony may also be used for permitted purposes at trial, including addressing inconsistent testimony.
Ask your attorney whether you may need to testify again and who will contact you if additional participation is required.
Keep your contact information current so you receive important scheduling communications and notices related to the transcript.
NAEGELI Deposition & Trial Is Here to Support Your Next Deposition
A well-organized deposition starts with the right support.
NAEGELI Deposition & Trial provides court reporting, remote deposition support, legal videography, and interpreting services for attorneys and legal teams.
Whether your deposition is taking place in person, remotely, or in a hybrid format, our team can help coordinate the location, recording arrangements, communication needs, and transcript delivery.
For remote depositions, advance connection testing and technical support can help identify equipment or connectivity issues before questioning begins.
Ready to schedule your next deposition?
Call (800) 528-3335, email schedule@naegeliusa.com, SCHEDULE NOW, or use the website chat to connect with a NAEGELI client services specialist.