What to Expect at Deposition?

California Civil Deposition

A deposition in California is a formal legal process where a witness is questioned under oath, typically as part of the discovery process in a lawsuit.

It is the process used to obtain the oral testimony of a witness under the penalty of perjury. If a deposition is taken correctly, there should not be any surprises at trial about how the witness will testify. 

Before the Deposition

• Notice: You will receive a notice of deposition, or a subpoena, which includes the date, time, and location. It may also outline the topics or areas of questioning or request certain documents to be produced at deposition. The notice or subpoena may also indicate that the deposition may be videotaped.

During the Deposition

• Setting: Depositions typically take place in an office or a conference room, rather than a courtroom. It will be transcribed by a court reporter, and in some cases, a videographer. 
• Participants: The attorney who issued the notice or subpoena, and your attorney (if you have one), will be present. Attorneys for all the other parties in the lawsuit may or may not be present. The parties themselves have a right to be present. The court reporter (and videographer) will be there. Sometimes, other staff or interns for an attorney may be present. 
• Oath: At the start of the deposition, you will be sworn in, meaning you must answer questions truthfully under penalty of perjury. Your testimony has the same effect as being in court, even though you are in an informal setting.
• Admonishments: Most attorneys will begin by giving you a set of “admonishments” or rules to follow. For example, in a deposition, a court reporter is transcribing everything that is being said, so it is important that only one person speaks at a time. You also cannot nod your head to indicate “yes” or “no”, because the court reporter cannot transcribe any gestures.
• Questioning: The attorney representing the party who scheduled the deposition will begin questioning you. The questions typically begin with your background, including your education, work experience, and sometimes, your family background. They may then ask a wide range of questions related to the case, including background information, specific facts, and your opinions. You might be shown documents related to the case and asked questions about them. Once the attorney is done, other attorneys (or unrepresented parties), that are present may also ask you questions.
• Types of Questions: Expect both open-ended questions (e.g., “Can you describe what happened?”) and specific questions (e.g., “What time did you arrive at the location?”). You can take your time to think about your answers, and it’s important to answer only what you know.
• Objections: Your attorney can object to certain questions. However, these objections are typically just “for the record”, and you still need to answer unless instructed otherwise by your attorney.
• Length: Depositions can last several hours, so be prepared for a lengthy session. Breaks can be taken as needed. Under California Civil Procedure Code section 2025.290, depositions are limited to a maximum of seven hours of total testimony. This does not apply in certain circumstances, such as employment law cases.

After the Deposition

• Review: After the deposition, the court reporter will prepare a transcript of the session. You may have the opportunity to review it for accuracy, typically before it is finalized.
• Use of Testimony: Your deposition testimony can be used in court or at trial, particularly if it contradicts your testimony later, or if you are unable to appear at trial. It might also be used to support or oppose any motion, application, or request.
• Confidentiality: Depositions are generally not public, but your testimony may be disclosed to parties involved in the case. The entire deposition transcript or portions of it may also become public record as part of a court filing.

Tips for a Successful Deposition

• Stay Calm: It’s normal to feel nervous, but try to stay composed and focused.
• Listen Carefully: Make sure you understand each question before answering.
• Think Before Answering: Take your time to consider your response, and don’t rush.
• Be Honest: Answer truthfully; if you don’t know the answer to a question, it’s okay to say so.
• Clarify: If a question is unclear or confusing, don’t hesitate to ask for clarification.

Conclusion

Understanding what to expect at a deposition can help alleviate some anxiety and ensure you are prepared. Having legal representation, however, is crucial, as they can guide you through the process and help protect your interests.

Many parties, and even attorneys, do not completely understand or appreciate the importance of depositions. An experienced litigation attorney helps ensure that your interests are protected during the entire litigation process, including at your deposition, and by taking effective depositions of other necessary or critical witnesses.

For a confidential consultation with an experienced civil litigation attorney, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.