How To Prepare For a Deposition in Your Civil Litigation Case
Deposition is often one of the most important stages in any civil litigation case. It provides both parties the opportunity to gather testimony under oath before trial to evaluate the strength of the case and prepare for courtroom proceedings. For many clients, however, it’s also the most stressful part of the legal process.
A civil litigation attorney in Flagstaff, Arizona, like those at The 928 Law Firm, can typically play a central role in helping you get ready for deposition. While every case is different, most depositions follow a fairly standard process. However, knowing what to expect, how to answer, and how to handle opposing counsel’s questions can make the difference between a productive session and one that harms your position.
What Is a Deposition?
A deposition is a formal interview taken under oath, usually in the presence of legal counsel and a court reporter. It takes place outside the courtroom and is part of the discovery process in civil litigation. Both parties in a lawsuit have the right to depose witnesses, experts, and the other party involved in the dispute.
Although it doesn’t happen in front of a judge or jury, testimony during a deposition carries significant weight. If a witness gives testimony at trial that contradicts their deposition, that earlier testimony may be used to challenge their credibility.
The Purpose of a Deposition
The goal of a deposition is to uncover the facts, pin down testimony, and obtain a better understanding of each side’s version of events. It can also be used to identify weaknesses in the opposing party’s case or strengthen a settlement position.
An experienced civil litigation attorney will typically advise you that a deposition isn’t a casual conversation. Every word you share may later appear in written transcripts and be used in court. While you aren’t expected to recall every detail perfectly, it's essential to be accurate, consistent, and honest when testifying or providing answers.
Common Deposition Topics
The types of questions asked in a deposition will vary depending on the dispute. However, most depositions include similar questions about the following:
Your personal background (employment, education, residence)
Your involvement in the events at the center of the case
Any written or verbal statements you previously made
Any communication you had with the opposing party
Any damages or losses claimed in the lawsuit
Your civil litigation attorney will typically review these topics with you ahead of time. This can help you feel more comfortable and potentially reduce the risk of you being caught off guard.
How to Prepare for a Deposition
Depositions can often feel stressful, especially if you are the one providing testimony under oath. Therefore, it's important to understand what happens during the deposition and how you can present yourself and answer questions accurately and effectively.
What to Wear and Bring
While depositions don’t happen in a courtroom, they are still legal proceedings. We usually recommend dressing in professional attire. This signals respect for the process and helps shape how others in the room perceive the deponent.
You should also bring any materials that your attorney asked you to review. However, never bring personal notes or documents unless you are specifically advised to do so. All materials in the room could potentially be subject to questioning or disclosure.
Prepare to Answer Questions Effectively
When preparing for a deposition, work with your attorney to develop effective strategies for answering questions. Some strategies you could employ include the following:
Only answer what’s asked: Don’t volunteer information or try to guess what the other side wants to hear.
Speak slowly and clearly: This helps the court reporter and gives the attorney time to object if needed.
Don’t guess: If a person doesn’t remember, it’s acceptable to say “I don’t recall” or “I don’t know.”
Avoid absolutes: Words like “always” or “never” can be dangerous unless the answer truly applies without exception.
Stay calm and professional: No matter how pointed or uncomfortable a question may be, remain calm and composed.
These reminders can help prepare you to give thoughtful, truthful answers without falling into rhetorical traps or volunteering too much information.
Engage in Active Listening
One of the easiest ways to make mistakes in a deposition is to answer too quickly or without fully understanding the question. You should always pause before answering and take time to process what’s being asked.
If a question is vague, compound, or unclear, ask for clarification. This not only buys you time but also prevents misstatements. Your attorney may also object to specific questions. While you will still usually need to answer, the objection may preserve the issue for later arguments.
Understand What Happens After the Deposition
After the deposition is complete, the court reporter will create a transcript of the testimony. You usually have the opportunity to review this transcript for errors or clarifications. A civil litigation attorney may help review the document with the client to confirm its accuracy.
Depending on the content of the deposition, your attorney may adjust the legal strategy moving forward. Sometimes, deposition testimony strengthens a case, opens the door for settlement, or highlights areas where additional evidence is needed.
Mistakes To Avoid in a Deposition
There are several pitfalls that you should watch for when preparing for your deposition. Work with an experienced civil litigation attorney who can provide additional advice for avoiding the following potential mistakes.
Talking too much: Over-explaining or elaborating can lead to unintended admissions.
Getting defensive: Even if the questions feel aggressive, maintaining a neutral tone is key.
Guessing or speculating: It’s always better to admit uncertainty than to say something that could later be proven wrong.
Arguing with the questioner: Depositions aren’t the place to debate. That’s what a trial is for. Answer the questions to the best of your ability, but don't argue with the questioner.
How a Civil Litigation Attorney Can Help
A civil litigation attorney won’t just explain how a deposition works; they’re goal is to help you mentally and emotionally prepare for it. Some of the ways an attorney can help you prepare include the following:
Reviewing case documents: This includes pleadings, prior statements, correspondence, and any discovery that may be discussed.
Explaining deposition conduct: The attorney will review key procedures, including when to pause, how to request clarification, and the importance of attentive listening.
Conducting mock depositions: Practicing answers to likely questions can help the client speak more clearly and calmly during the actual session.
These preparations aren’t about scripting responses. Instead, they are about helping the client avoid confusion or careless remarks that could hurt their credibility.
Work With an Experienced Attorney
Depositions are often turning points in civil litigation. A strong performance may shift a case toward a favorable settlement. However, a damaging testimony can do the opposite. In some situations, the way a party presents itself in a deposition may influence how a judge or opposing counsel views their credibility.
Preparing for your deposition is about more than answering questions; it’s about protecting your legal standing. Good preparation leads to clear, honest, and confident testimony, which can bolster the overall strength of the case.
From strategy to support, we strive to help our clients handle the deposition process with clarity and purpose. At The 928 Law Firm, we serve clients throughout Coconino County, Yavapai County, Mohave County, and Maricopa County, including Flagstaff, Page, Sedona, Grand Canyon Junction, Tuba City, Kingman, Prescott, and the surrounding areas. Contact us today to schedule a consultation.