Guide to depositions
This explains what depositions are and what you should know if you’re going to be deposed. This tells you about depositions in both civil and criminal issues.
Contents
1. General information
What is a deposition?
A deposition is a face-to-face session where one party asks another party or a witness various questions related to a court case or conflict. The goal of a deposition is to discover all the facts that could help or hurt a case. Depositions can be used at trial or in negotiations to try to settle the case. The answers you give in a deposition could become evidence in court or in negotiations settlements.
Depositions can happen in either criminal or civil cases. Depositions will happen differently depending on whether the deposition is for a criminal case or a civil case.
Learn tips about answering deposition questions in the final chapter of this guide.
Some words you should know
If you’re the person answering the questions, you’re being “deposed.” You’re the “deponent.”
A witness testifies under oath at a deposition or trial. A witness usually can only give firsthand or expert testimony. Firsthand means you experienced or saw it yourself.
You testify in a deposition. You swear under oath to tell the truth just like testifying in a courtroom. The deposition won’t usually happen in a courthouse but it’s still treated like when you testify in court.
Do I have to pay for a deposition?
No. The person asking you to do the deposition pays for the deposition. If you can’t afford to attend the deposition because of travel costs, tell that to the lawyer who’s scheduling the deposition. They should help pay for you to get there. If you can’t afford to miss work for a deposition, ask the lawyer if they can schedule it on your days off or when you’re not working.