Your deposition, and how to get through it
If your case is filed, you will be deposed. People dread it more than anything else in the process, and it is far more manageable than they expect — mostly because the rules for doing it well are simple and unintuitive.
What it actually is
Sworn testimony, taken outside court, usually in a conference room or by video, with a court reporter producing a written transcript. Present: you, your attorney, the defense attorney, the reporter, and sometimes a videographer.
No judge, no jury. Your attorney may object but generally cannot instruct you not to answer except in narrow circumstances such as privilege. In California a deposition of a party is ordinarily limited to seven hours of testimony, with exceptions.
The transcript is the point. It can be used at trial, and it can be used to contradict you if your account changes. That is the entire purpose of the exercise from the other side's perspective.
The rules that matter
- Answer only the question asked. The most common and most costly mistake is volunteering. Silence after your answer is a technique; it is not your job to fill it.
- "I don't know" and "I don't remember" are complete, correct answers when true. Guessing produces a figure you are then held to. They are different answers and both are fine.
- Pause before answering. It gives your attorney a chance to object and it stops you answering a question you have not finished hearing.
- If you do not understand the question, say so. Never answer a question you had to guess the meaning of.
- Do not estimate distances, speeds or times unless you genuinely know. "About two car lengths" becomes a measurement.
- Correct yourself immediately if you realize an earlier answer was wrong. That is normal and expected.
- Tell the truth, including the unhelpful parts. Everything damaging is survivable. Being caught in a lie is not.
The questions that catch people
| Question | What to keep in mind |
|---|---|
| "How are you feeling today?" | Answer about today, honestly. "Fine" is a social reflex that reads as recovery in a transcript. |
| "Describe your pain on a scale of one to ten." | Pain varies. Describe the range and what makes it worse, rather than a single number that can be contradicted by any other day. |
| "Have you ever injured your back before?" | Answer fully and without defensiveness. Aggravation of a pre-existing condition is compensable; concealment is not. |
| "What can't you do now?" | Be specific and be accurate, including the things you can still do with difficulty. Overstating is how surveillance footage becomes devastating. |
| "Did you talk to your lawyer about today?" | Yes, and saying so is correct. Preparing is normal; the content of the conversation is privileged. |
| "Are you on social media?" | Answer honestly. Assume everything public has already been looked at. |
Preparation
You will meet your attorney beforehand to go through the likely subjects, review the records and documents you may be shown, and practice the rhythm of answering. That session is the difference between a difficult day and a damaging one.
Re-read your own account of the incident beforehand. Sleep. Dress as you would for a serious appointment. Eat something. Ask for a break whenever you need one — breaks are routine and you are entitled to them.
Questions people ask
Can I refuse to answer a question?
Generally no. Your attorney can object, and in narrow circumstances such as privilege can instruct you not to answer, but most objections are made for the record and you still answer. What you can always do is say you do not understand the question, or that you do not know or do not remember.
How long will it take?
California generally limits a party's deposition to seven hours of testimony, with exceptions. Most injury depositions are shorter — frequently two to four hours. Breaks are routine and you should ask for them whenever you need one.
What if I say something wrong?
Correct it as soon as you realize, in the deposition itself. That is normal and expected. You will also get the transcript to review and may make corrections, though substantive changes can be commented on later, so fixing it in the room is much better.
Will the defense lawyer be aggressive?
Usually not. Most are professional, and being hostile to an injured person rarely helps them. They are methodical and they have all day, and the thing to guard against is relaxing into conversation rather than bracing for confrontation.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
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