Being called to testify in a deposition can feel overwhelming, especially if it’s your first time. As someone who has guided many witnesses through this process, J. Brandon Walker shares practical insights that will help you approach your deposition with clarity and confidence.
Understanding Depositions: Beyond the Basics
A deposition isn’t just a formal Q&A session—it’s a strategic information-gathering tool where your testimony becomes a permanent legal record. Taking place outside the courtroom (typically in a law office), a deposition serves multiple purposes:
- Opportunity for Fact-Finding – Depositions give the other side the chance to obtain and evaluate your knowledge about case-specific events.
- Sizing You Up – Depositions let the other side evaluate your potential effectiveness as a trial witness.
- Locking You In – Depositions give the other side an opportunity to lock in your version of the story.
- Allowing for Preservation – Some depositions aim to preserve your testimony for potential use in court proceedings, especially if you will not be available at trial.
- Providing Strategic Insights – Depositions help attorneys identify strengths and vulnerabilities in their case strategy.
What makes depositions particularly significant is their binding nature. Since you’ll be under oath, your statements carry the same legal weight as courtroom testimony.
The Deposition Experience: What to Anticipate
Knowing what happens during a deposition can significantly reduce anxiety:
- The oath process: The court reporter will administer an oath requiring truthful testimony—this is legally binding.
- Introduction: Although not required, opposing counsel will frequently start a deposition by making sure you understand what a deposition is, explaining the ground rules, and making sure there are no reasons that would prohibit you from testifying truthfully.
- Question structure: Opposing counsel will lead with questions that may start broad before narrowing to case-specific details. Your attorney will be present but typically won’t ask questions during this phase.
- Documentation methods: Everything becomes part of the official record—verbal responses, hesitations, and body language (if videotaped).
- Objection handling: Your attorney may object to certain questions, but unlike in court, you’ll typically still need to answer most questions despite objections.
- Timeframe reality: Depositions can range from a few hours to multiple days, depending on your involvement in the case and the jurisdiction in which the case is pending.
Strategic Preparation Techniques
Document Immersion and Case Familiarity
Don’t just skim case materials – truly understand them. Review any relevant:
- Statements you’ve previously made
- Communications you’ve authored or received
- Reports or documents you created or handled
- Timeline of critical events from your perspective
The goal isn’t memorization but genuine comprehension of how your experiences connect to the broader case.
Attorney Collaboration Sessions
Schedule ample preparation time with your attorney to:
- Participate in simulated questioning scenarios
- Develop techniques for maintaining composure when faced with challenging questions
- Understand the strategic significance of certain lines of questioning
- Clarify which details are most relevant to your testimony
Truth-Anchored Responses
The foundation of effective testimony is straightforward: be truthful. This means:
- Acknowledging when you don’t have complete information
- Avoiding the temptation to fill memory gaps with assumptions
- Understanding that “I don’t recall” is a legitimate answer when accurate
- Distinguishing between what you personally witnessed versus what you learned secondhand
Active Listening Practices
Develop disciplined listening habits:
- Let the questioner finish completely before forming your response. It is often recommended to provide a short pause after the questioner asks a question before you begin to answer. This allows you to make sure the questioner has actually finished the question and provides your attorney a chance to object, if necessary.
- Request clarification when questions contain ambiguous language.
- Process compound questions carefully – sometimes they should be addressed in parts.
- Notice when a question contains faulty assumptions you shouldn’t validate.
Your attorney will usually object if the questioner asks improper questions. For example, if the questioner asks a compound question or a confusing question, your attorney may object on those grounds.
Answer Precision
Calibrate your responses appropriately:
- Provide direct answers to straightforward questions
- Resist elaborating beyond what’s necessary
- Recognize when a yes/no answer would be incomplete or misleading
Avoid absolute statements like “never” or “always” unless absolutely certain
Emotional Self-Regulation
Your composure speaks volumes:
- Develop techniques to remain centered during provocative questioning
- Maintain consistent professionalism regardless of how opposing counsel behaves
- Recognize when you need a break to reset emotionally
- Understand that frustration, even when justified, rarely helps your testimony
Nonverbal Awareness
Your physical presence communicates alongside your words:
- Maintain appropriate eye contact
- Adopt an open, attentive posture
- Speak clearly and at a measured pace
- Consider how fidgeting or defensive postures might be interpreted
- Dress appropriately
Strategic Break Utilization
Use breaks effectively:
- Request them before reaching mental fatigue
- Use them to regain composure if emotions surface
- Consult with your attorney about clarifications when appropriate
- Understand that excessive break requests may create negative impressions
Transcript Review Protocol
After your deposition:
- Carefully review the transcript for accuracy
- Note any transcription errors or misunderstood responses
- Discuss significant concerns with your attorney promptly
- Understand the process for making formal corrections
Common Pitfalls and How to Avoid Them
Even well-prepared witnesses can encounter challenges. Be particularly mindful of:
- The speculation trap: Distinguish clearly between what you know versus what you assume
- Narrative volunteering: Avoid providing unrequested information that opens new lines of questioning
- Adversarial dynamics: Maintain professionalism even when questioning becomes confrontational
- Preparation shortcuts: Recognize that thorough preparation is your strongest asset
Final Thoughts
A deposition represents a crucial moment in legal proceedings – one where your testimony can significantly influence case outcomes. By approaching your deposition with thorough preparation, truthful responses, and professional composure, you position yourself as a credible witness whose testimony strengthens rather than undermines the pursuit of justice.
Remember that your goal isn’t to “win” the deposition but to provide accurate, clear testimony that honestly reflects your knowledge and experiences related to the case.