Mastering Your Deposition: Key Dos and Don’ts

A deposition is a critical step in any personal injury case. It’s a formal, out-of-court session where you answer questions under oath from the opposing attorney. How you present yourself and your testimony can significantly impact the outcome of your claim. Your demeanor and the clarity of your answers are under evaluation, so being prepared is essential. Here are some fundamental dos and don’ts to help you protect your case.

What You Should Do in a Deposition

Do Tell the Truth: This is the most important rule. You are under oath, and lying can have severe legal consequences and will destroy your credibility. If you don’t know the answer to a question, it is perfectly acceptable to say so. Never guess or make up an answer.

• A helpful phrase to use when you cannot recall more information is, “That’s all I can think of right now.”This prevents you from speculating or providing unnecessary information.
• When asked “How much is your case worth”, know that this could be a trap. Simply respond: “Whatever the jury thinks is fair”.

Do Be Polite and Respectful: Your deposition will be recorded, and parts of it may be shown to a jury if your case goes to trial.

• Your likability matters.
• Be polite and respectful to everyone in the room, including the opposing counsel.
• A positive and cooperative demeanor reflects well on you and strengthens your overall presentation.
• A helpful phrase to use when you cannot recall more information is, “That’s all I can think of right now.”This prevents you from speculating or providing unnecessary information.

What Not to Do in a Deposition

Don’t Treat Depositions Like Conversations: A deposition is not the place to tell your story or make small talk. You are not there to make the other side understand your perspective—only to answer what is asked. If there’s no question pending, stay silent.

Don’t Talk Too Much: Limit your answers to only what was asked. Avoid providing extra details or filling the silence. Short, factual responses are best. Remember, if your answer is incomplete or needs clarification, the attorney will ask more questions. If you can’t remember more, it’s fine to say, “That’s all I can think of right now.” Never feel the need to elaborate.

Don’t Try to Win Your Case or Convince the Defense: The deposition is not your opportunity to sway the opposing attorney. Trying to help them understand your case only opens the door for more questions. Provide clear, truthful answers without trying to prove a point.

Don’t Guess or Volunteer Information: If you don’t understand a question or don’t know the answer, simply say so. Never guess—you might be wrong, which can harm your credibility. Likewise, never offer information that wasn’t specifically asked for, even if there’s an awkward silence.

Don’t Get Angry or Defensive: It’s normal to face repetitive or irrelevant questions. Stay composed and never let frustration show. Anger can cause you to disclose too much, appear unprepared, or lose control, which benefits the other side.

Don’t Reveal Privileged Communications: Anything your attorney or their staff has told you is confidential and should remain that way. If a question threatens to breach this privilege, your attorney will instruct you not to answer—never volunteer this information.

Think Before You Answer: Respond only to what was actually asked; don’t try to anticipate what the attorney wants to know. Answer literally, stop when done, and remember you are not responsible for guiding the conversation.

Keep Your Answers Short and Direct: The more you say, the more ground you might cover unintentionally. Shorter answers give less opportunity for opposing counsel to develop additional questions.

Make Eye Contact: Stay confident and attentive by looking at the attorney who is asking questions, which can help you remain calm and collected under pressure.

Disregard Form Objections: If you hear “objection to the form” or a similar phrase, don’t react or change your answer. That instruction is for your attorney to address, not for you to worry about.

Don’t Try to Convince the Defense: It is not your job to persuade the opposing attorney of your credibility or the strength of your case. Their role is to represent their client, and attempting to win them over is generally a fruitless effort. Focus on providing clear, honest answers, not on argumentation.

Don’t Get Frustrated: You may be asked questions that seem repetitive or irrelevant. This can be a tactic to test your patience or consistency. It is vital to remain calm and composed. Avoid getting defensive or showing frustration, as it can be perceived as a weakness.

Ultimately, your performance during a deposition is a key component of your case’s evaluation. By staying calm, being honest, and following these simple guidelines, you can present yourself effectively and protect the integrity of your personal injury claim.