A deposition is sworn testimony that can significantly affect the outcome of a civil case. The safest and most effective approach is not to argue, guess, or over-explain. Clear, truthful, and controlled answers protect your credibility and help avoid testimony problems that can surface later in settlement negotiations or at trial.
This article explains how depositions work, how to answer questions properly, and what mistakes to avoid.
What “Answering Well” Means in a Deposition
A deposition is a formal question-and-answer session conducted under oath, typically during the discovery phase of a lawsuit. A court reporter records everything said, creating a written transcript that may later be used in motions, settlement discussions, or trial.
Answering “well” in a deposition does not mean giving the most detailed or persuasive response. It means giving testimony that is:
- Truthful – limited to what you actually know or remember
- Responsive – focused only on the question asked
- Controlled – calm, concise, and free of speculation
In civil litigation, credibility often matters as much as the underlying facts. Even strong cases can be undermined by inconsistent or careless testimony.
Why Deposition Answers Matter More Than Many People Expect
Depositions are often one of the few times opposing counsel hears directly from a party or key witness before trial. Testimony given during a deposition may be:
- Used to challenge credibility if testimony changes later
- Quoted in settlement negotiations
- Cited in motions filed with the court
- Played or read at trial in certain circumstances
Because deposition testimony is preserved, mistakes cannot simply be corrected by saying, “That’s not what I meant.” Careful answers help prevent disputes about what was said or intended.
What Happens During a Deposition
Although depositions occur outside the courtroom, they follow strict procedural rules.
Who is present
Typically, a deposition includes:
- The witness (the person answering questions)
- Attorneys for each side
- A court reporter
- Sometimes a videographer or interpreter
There is usually no judge present.
The oath
Before questioning begins, the court reporter administers an oath. From that moment forward, every answer is sworn testimony.
The record
Everything said is recorded word for word. Pauses, corrections, and verbal reactions may all appear in the transcript.
This is why clarity and precision matter.
The Most Important Rule: Answer Only the Question Asked
Most deposition problems stem from one habit: volunteering information.
If a lawyer asks a yes-or-no question, a yes-or-no answer is usually enough. If the lawyer wants more detail, they will ask a follow-up question.
For example:
- Question: “Do you remember the date of the incident?”
- Answer: “Yes.” (or “No.”)
Adding unnecessary explanation creates opportunities for confusion, misinterpretation, or further probing.
A Simple Method for Answering Deposition Questions
Listen to the entire question
Do not begin answering until the lawyer finishes speaking. This prevents misunderstandings and gives your attorney time to object if appropriate.
Pause before responding
A brief pause helps you process the question and answer carefully. Silence is not a problem in a deposition.
Make sure you understand the question
If a question is unclear, vague, or confusing, it is appropriate to ask for clarification. You should never guess what the lawyer means.
Answer clearly and directly
Use simple, accurate language. One complete sentence is often enough.
Stop talking
Once you have answered the question, stop. Do not fill silence with additional details.
“I Don’t Know” and “I Don’t Remember” Are Acceptable Answers
Many people feel pressure to provide an answer even when they are unsure. That pressure can lead to speculation, which is risky in sworn testimony.
If you genuinely do not know or cannot recall something, it is appropriate to say so. Guessing under oath can create inconsistencies that damage credibility later.
If you later remember information, there are proper legal procedures for addressing that, but guessing in the moment can cause lasting problems.
Handling Documents During a Deposition
Depositions often involve documents such as medical records, photographs, contracts, emails, or reports. Attorneys may show documents and ask questions about them.
Helpful guidelines include:
- Take time to review the document before answering
- Do not assume a document is accurate just because it exists
- Be careful with broad questions like “You agree with everything in this document, correct?”
- If you do not recognize a document, say so
You may acknowledge seeing a document without agreeing with its contents.
Understanding Objections During a Deposition
Attorneys may object to certain questions during a deposition. In many civil cases, objections are stated “for the record,” and the witness still answers.
If an objection is made:
- Stop speaking
- Let the attorney finish
- Answer the question unless instructed otherwise
Rules governing objections and instructions not to answer vary by jurisdiction, but the presence of an objection does not usually mean the question disappears from the record.
What Not to Do During a Deposition
This is where many witnesses unintentionally cause harm to their own cases.
Do not guess or speculate
Speculation sounds confident but may be inaccurate. It can create contradictions later.
Do not volunteer extra information
Extra details often open new lines of questioning and may introduce issues that were not previously relevant.
Do not argue with the lawyer
Depositions are not debates. Arguing can make you appear defensive or inconsistent.
Do not exaggerate
Overstating facts, even to emphasize harm, can undermine credibility if challenged with records or testimony from others.
Do not use absolutes unless certain
Words like “always” and “never” can be risky. If there is even one exception, your testimony may be questioned.
Do not try to outsmart the question
If a question assumes incorrect facts, calmly correct the assumption. Do not attempt to maneuver around it with clever wording.
Recognizing Common Question Styles
Some question formats frequently cause confusion:
- Compound questions: Two questions asked as one
- Assumption-based questions: Questions that assume a disputed fact
- Broad “tell me everything” questions: Requests that may need clarification
- Rapid follow-ups: Attempts to rush answers
You control the pace of your answers. Slowing down is allowed.
Deposition Conduct and Professionalism
Depositions are governed by procedural rules designed to ensure fairness. Courts can address improper conduct by attorneys or witnesses.
For witnesses, professionalism means:
- Remaining calm
- Answering respectfully
- Staying focused on the question
- Avoiding emotional reactions
A composed witness is often viewed as a credible witness.
Why Deposition Preparation Matters in Serious Injury Cases
In personal injury litigation, depositions often focus on:
- How an accident occurred
- Medical treatment and recovery
- Physical limitations and daily life impact
- Work history and lost income
- Prior injuries or conditions, as relevant
Insurance companies rely heavily on deposition testimony when evaluating risk and settlement value. Careless answers can be misinterpreted or taken out of context.
At Gottesman & Hollis, P.A., deposition preparation is part of a broader, trial-ready litigation strategy designed to protect clients and present cases clearly and effectively.
A Practical “Day-Of” Mindset
You do not need to memorize answers. You need a process.
- Tell the truth
- Listen carefully
- Pause before answering
- Answer only what is asked
- Ask for clarification when needed
- Do not guess
This approach helps reduce stress and keeps testimony clean.
Conclusion
Depositions are serious, but they do not need to be overwhelming. Most testimony problems arise from avoidable habits, guessing, over-explaining, or reacting emotionally. Clear, honest, and controlled answers help protect credibility and reduce the risk of later disputes.
If you have questions about an upcoming deposition in a personal injury or civil case, or want to understand how depositions fit into a trial-focused legal strategy, contact us 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.
