Depositions are a critical part of civil litigation, including personal injury, medical malpractice, and complex injury cases. At Gottesman & Hollis, P.A., depositions are approached with care and preparation because testimony given during a deposition can shape settlement negotiations, influence trial strategy, and, in some situations, be used in court.
This blog explains what a deposition is, why it matters, what to expect, and how people typically prepare.
What Is a Deposition?
A deposition is a formal legal proceeding where a witness or party answers questions under oath before trial. It usually takes place during the discovery phase of a civil lawsuit. Instead of a judge, a court reporter records every question and answer word for word. Some depositions are also video-recorded.
Because testimony is sworn, it carries the same legal weight as testimony given in court.
Depositions serve several purposes:
- They allow attorneys to gather facts
- They clarify what a witness knows and remembers
- They preserve testimony for later stages of the case
- They help assess the strength and value of claims or defenses
In personal injury litigation, depositions often focus on how an injury occurred, the extent of harm, medical treatment, and how the injury has affected daily life.
Why Depositions Matter in Personal Injury Cases
Depositions are not just procedural steps. They are often turning points.
Insurance companies and defense attorneys closely analyze deposition testimony to:
- Look for inconsistencies
- Evaluate credibility
- Decide whether to negotiate a settlement or proceed to trial
Clear, accurate testimony can strengthen a claim. Confusing or careless answers can create challenges later, even when the underlying facts are strong.
Where Depositions Fit in the Legal Process
Most civil lawsuits follow a general sequence:
- A lawsuit is filed and answered
- The court sets deadlines
- Discovery begins
- Depositions are taken
- Motions may be filed
- The case settles or goes to trial
Depositions occur during discovery, which is the phase where both sides exchange information and evidence. Discovery rules are designed to allow access to relevant information while preventing unfair surprise at trial.
Who Is Present at a Deposition?
A typical deposition includes:
- The person being questioned (the deponent)
- Attorneys for each side
- A court reporter
- Sometimes a videographer
- Occasionally an interpreter
There is usually no judge present. The environment may feel less formal than a courtroom, but the process is still governed by strict rules.
Common Topics Covered During a Deposition
Every deposition is different, but many follow a predictable structure.
Questions often cover:
- Background information
- Employment history
- Medical history relevant to the case
- Details of the incident at issue
- Injuries and treatment
- Documents, photographs, or records
- Communications related to the case
Even simple questions matter. Depositions are designed to create a detailed record, not just gather surface-level facts.
Types of Depositions You May Encounter
Oral Depositions
These are the most common. Attorneys ask questions in real time, and the witness answers verbally.
Organizational Depositions
When a company or institution is involved, it may designate a representative to testify on specific topics on behalf of the organization.
Interrogatories
Many cases use interrogatories, which are written questions that must be answered in writing under oath as part of the discovery process. Interrogatories serve a different purpose than depositions and are typically handled separately from live testimony.
Criminal Cases Are Different
Depositions are rarely used in criminal cases and generally serve limited purposes, such as preserving testimony when a witness may be unavailable later.
How Long Does a Deposition Last?
In personal injury cases, a typical deposition often lasts between one and two hours, although this can vary depending on the complexity of the case and the issues involved.
What Happens During the Deposition
The Oath
The court reporter administers an oath. From that moment on, every answer is sworn testimony.
Ground Rules
Attorneys may place basic instructions on the record, such as:
- Answer verbally, not with gestures
- Wait until the question is finished
- Speak clearly for the transcript
Questioning
One attorney questions the witness first. The opposing attorney may ask follow-up questions.
Exhibits
Documents may be shown and discussed. You may be asked if you recognize a document, when you first saw it, or what it means.
Breaks
Breaks are allowed, but there may be rules about discussions during breaks, depending on the jurisdiction.
Transcript
A written transcript is created. In some cases, witnesses may review it later to correct transcription errors.
Objections During Depositions
Attorneys may object to questions during a deposition. However, it is typical in civil cases for attorneys to agree that all objections are reserved to the time of trial, except for objections to the form of the question.
Certain topics, such as privileged communications, may limit what must be answered. The rules governing objections and instructions not to answer can vary.
This is why having experienced legal guidance before a deposition is important.
How Depositions Can Be Used Later
Depositions can be used to:
- Challenge inconsistent testimony at trial
- Support or oppose motions
- Preserve testimony if a witness cannot testify later
Because deposition testimony is recorded, it cannot be taken back. Accuracy matters.
How People Typically Prepare for a Deposition
Preparation is about understanding the process and reducing mistakes, not rehearsing answers.
Before the Deposition
Preparation often includes:
- Reviewing key documents
- Understanding the timeline of events
- Clarifying areas of uncertainty
- Discussing what to expect during questioning
- Planning logistics for the day
During the Deposition
Helpful habits include:
- Listening carefully
- Pausing before answering
- Answering only what is asked
- Saying “I don’t know” when appropriate
- Asking for clarification if a question is unclear
Common Mistakes to Avoid
- Guessing or estimating
- Volunteering extra information
- Arguing with the questioner
- Trying to “win” the deposition
Depositions are about creating a clear record, not debating the other side.
Remote Depositions
Remote depositions are now common. While the process is similar, attention to detail matters more:
- Stable internet connection
- Quiet, private location
- Clear camera positioning
- No off-camera assistance
Courts and attorneys take deposition integrity seriously, even in virtual settings.
Why Depositions Matter to Gottesman & Hollis, P.A. Clients
At Gottesman & Hollis, P.A., depositions are a key part of advocating for injured clients across New Hampshire. The firm’s practice focuses on serious personal injury, complex litigation, and trial-ready cases where preparation makes a real difference.
Depositions often determine:
- Whether a case settles
- How insurers evaluate risk
- How a case is presented at trial
That is why careful preparation and clear testimony are essential in high-stakes injury cases.
When to Speak With a Lawyer About a Deposition
If you have received a deposition notice or expect to be deposed, it is important to understand what is involved and how testimony may affect your case. Depositions can feel intimidating, but knowledge and preparation reduce uncertainty.
If you have questions about an upcoming deposition in a personal injury or civil case, you can contact Gottesman & Hollis, P.A. to discuss next steps.
You may reach us by phone at (603) 810-8384 or through our contact page.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
