If you want to know what to do before, during, and after a deposition, the short version is this: prepare with your attorney in detail, tell the truth in tight answers to only the question asked, and use your post-deposition review window to correct genuine errors in the transcript. A deposition is sworn, out-of-court testimony recorded during discovery, capped by default at one day of seven hours of actual questioning under the federal rules.1Legal Information Institute. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination What you say becomes a permanent record that can be read back at trial, used to attack your credibility, and leveraged in settlement talks. The habits below are the ones that keep that record working for you instead of against you.
Before: Preparing for the Deposition
Preparation starts with your attorney. Go through the facts of the case in detail, talk through the kinds of questions you are likely to face, and review every document that might come up: contracts, emails, medical records, text messages, incident reports. Anything you might be asked about, you should have seen recently. A mock deposition where your attorney plays the role of opposing counsel is one of the most effective ways to get comfortable with the format and surface weak spots before they matter.
Be careful what you carry into the room. Under the Federal Rules of Evidence, if you use any document to refresh your memory while testifying, the opposing attorney has the right to inspect it, cross-examine you about it, and introduce relevant portions into evidence.2Legal Information Institute. Federal Rules of Evidence Rule 612 – Writing Used to Refresh a Witness Personal notes, an outline from your attorney, or a timeline you brought for reference could all end up in the other side’s hands. Only bring documents your attorney has specifically reviewed and approved.
Dress in conservative business casual. You are making an impression on opposing counsel, and if the session is videotaped, potentially on a jury later. Arrive on time at the designated location, which will usually be a law office or court reporter’s office. Expect to be sworn in by the court reporter, and expect every word to be transcribed. The scope of questioning is broad: under federal discovery rules, attorneys can ask about anything relevant to any party’s claim or defense, and the information does not need to be admissible at trial to be fair game during the deposition.3Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Questions can range from your personal background to the events of the case, financial records, and communications.
If you were brought in by subpoena as a non-party witness rather than as a party to the lawsuit, do not ignore it. A subpoena under Rule 45 can require you to appear, produce documents, or both. It can compel attendance only within 100 miles of where you live, work, or regularly do business in person, but within those limits courts treat defiance as contempt, with sanctions that can include fines and orders to pay the other side’s attorney fees.4Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
During: How to Answer Questions
Tell the truth. You are under oath, and lying about a material fact is perjury, a federal crime punishable by up to five years in prison.5Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally Beyond the criminal exposure, perjury can trigger case sanctions, up to and including dismissal of your claims.
Listen to the entire question before you start formulating an answer. Pause for a beat after the attorney finishes. That silence gives you time to process what was actually asked and gives your attorney a window to object if the question is improper. Rushing is the most common deposition mistake, and it leads to all the others.
Answer only the question that was asked. If the attorney asks whether you attended a meeting on March 5, the answer is yes, no, or you don’t recall. It is not the time to explain everything that happened at the meeting, who else was there, or what you thought afterward. Volunteering information hands opposing counsel threads to pull. Every extra sentence is a new avenue for follow-up.
“I don’t know” and “I don’t recall” are legitimate answers when they are true. Do not guess, estimate, or speculate to fill silence. If you are unsure about a date, a number, or a sequence of events, say so. Guessing creates a record that can impeach your credibility at trial when the actual facts turn out differently. An honest “I’m not sure” is stronger than a confident wrong answer.
If you are asked about a document, insist on seeing it before answering any questions about its contents, even if you think you remember what it says. Read the whole thing. Attorneys sometimes paraphrase documents in misleading ways, and agreeing with that characterization adopts it as your testimony. Opposing counsel may push for a yes or no, but you are allowed to explain when a simple yes or no would be misleading. A response like “I can’t answer that yes or no without it being inaccurate — let me explain” is appropriate.
Expect a long day. The default limit is seven hours of actual testimony in a single session, and breaks for lunch, restrooms, and regrouping do not count against that clock.1Legal Information Institute. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination You can request a break at reasonable points, but the widely observed practice is to finish answering any pending question first, then ask. During breaks, be careful what you discuss. Some jurisdictions sharply limit private conferences between you and your attorney once the deposition has started, allowing them only to determine whether a privilege applies. Even without an explicit rule, opposing counsel can ask you on the record what you discussed during a break.
Maintain composure. Opposing attorneys sometimes use aggressive, repetitive, or emotionally loaded questions to provoke a reaction. A calm, measured response is your best tool. If questioning crosses into bad faith or becomes abusive, your attorney can move to terminate or limit the deposition and seek a court order to stop it. Treat the entire deposition, including hallway and restroom conversations, as being on the record. Offhand comments are fair game for questions once you are back in the chair. Say nothing about the case to anyone except your attorney.
Objections, Privileges, and When Not to Answer
Your attorney will object to improper questions. In a deposition, unlike at trial, you still answer after most objections. The examining attorney notes the objection for the record, and the judge rules on it later if needed. You answer unless your attorney specifically tells you not to.1Legal Information Institute. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination
Instructions not to answer are limited to three situations: preserving a legal privilege, enforcing a limitation the court has already ordered, or suspending the deposition to file a motion to terminate it. If your attorney gives one of these instructions, follow it. Otherwise, answer the question even if it is uncomfortable.
The most commonly invoked privilege is attorney-client privilege, which protects private communications between you and your lawyer made for the purpose of getting legal advice. If a question asks you to reveal what your attorney told you or what you told your attorney in confidence, your attorney will instruct you not to answer.
The Fifth Amendment right against self-incrimination applies in civil depositions too. If a truthful answer could expose you to criminal liability, you can invoke the Fifth and decline to answer. Be aware that in a civil case the judge or jury is allowed to draw a negative inference from your refusal, meaning they can hold your silence against you. This is a decision with real tradeoffs, and one to discuss with your attorney before the deposition rather than in the moment.
Remote and Video-Recorded Depositions
Depositions can be conducted remotely by phone or video conference if the parties agree or the court orders it. For purposes of the rules, a remote deposition takes place wherever you are physically located when answering questions, not at the examining attorney’s office. All the usual rules about sworn testimony, objections, and conduct apply.
If the session will be recorded on video, the party scheduling it must say so in the notice. At the start of each recording segment, the officer administering the oath must state their name and address, the date, time, and location, and your name. The recording cannot distort anyone’s appearance or demeanor. Any party can arrange an additional recording method at their own expense, so even a deposition noticed as stenographic only can end up on camera.
For remote sessions, the practical setup matters. Find a quiet room with a neutral background, reliable internet, and good lighting. Close other applications on your device. Avoid looking at notes or documents off-screen; opposing counsel can ask what you were looking at, and the answer is discoverable.
After: Reviewing and Correcting the Transcript
After the deposition, the court reporter produces a written transcript. You have the right to review it and submit corrections, but this right is not automatic. You or your attorney must request transcript review either before the deposition begins or while it is in progress. If you make that request, you have 30 days after the transcript is made available to submit changes along with a written statement explaining the reason for each one.1Legal Information Institute. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination
Corrections go on a document called an errata sheet. You can fix obvious transcription errors, like a misheard name or a wrong number, and you can also make substantive changes, such as changing a “yes” to a “no” if your original answer was incorrect. Each correction must identify the page and line and include a specific reason. The sheet must be signed, and in many cases notarized.
Use this tool carefully. The further a correction strays from fixing a genuine error, the more skepticism it draws. If the court concludes your changes are strategic rewrites designed to take back harmful testimony rather than honest corrections, it can strike the changes or allow the jury to disregard them. Both your original answer and the correction become part of the record, so opposing counsel can use the discrepancy to attack your credibility at trial. Fix real mistakes; do not try to re-answer questions you wish had gone differently.
If you waive the right to review, or if 30 days pass without submitting corrections, the transcript stands as written. Any errors in it are then yours to live with. Always reserve the right to read and sign.
How Your Testimony Gets Used Later
Your transcript is not a practice run. Opposing counsel can read portions at trial to contradict your live testimony if your story changes. If you are unavailable for trial, the transcript or video can be played as a substitute for your appearance.
Depositions also shape settlement negotiations. A witness who comes across as credible and consistent strengthens their side’s bargaining position. A witness who contradicts themselves, volunteers damaging information, or loses composure hands opposing counsel ammunition to demand a better deal. Lawyers on both sides begin evaluating you as a potential trial witness from the moment the deposition starts, which is the real reason the small habits — pausing, answering narrowly, saying “I don’t recall” when true, correcting only genuine errors — carry so much weight.