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What Should I Expect During a Deposition?

Posted on behalf of Anderson Cummings on Sep 30, 2021 in Personal Injury

Two people discussing a documentThere are several things that need to occur after a lawsuit has been filed, but before a case is presented to a jury. For example, there is the discovery process, which involves depositions. It is important to be prepared before going into a deposition. Make sure to find an attorney who will keep you informed and prepare you for each step in the legal process.

Our personal injury lawyers in Fort Worth are prepared to help you throughout the legal process and prepare you for things like depositions. The consultation is free and there are no upfront fees while we work on your case.

What is a Deposition?

A deposition is a recorded question-and-answer session between an attorney and anyone testifying in the case, including the injury victim or witnesses. The session is conducted out of the courtroom, but it is still done under oath. This process is important because it provides an opportunity for each side to gather more information directly from the person being questioned, which can then be used as part of the official record.

As more information is disclosed, it may help narrow down either side’s decision on whether to settle a case or take it all the way to court.

Who Attends a Deposition?

Generally, the people present during a deposition include:

  • Court reporter
  • Attorneys representing the liable party
  • Attorneys representing the injury victim
  • Witnesses, including expert witnesses, testifying in the case

Does Every Case Go Through Depositions?

Not every case will make it to the point of depositions, even if a lawsuit is filed. This is generally because the opposing parties may agree to settle a claim before depositions occur. 

How Long is a Deposition?

Texas law limits depositions for a total of no more than six hours. Any breaks taken during the deposition are not counted toward that time limit, so most depositions begin around 9 a.m. and end around 4 p.m. with a break for lunch at some point.

If necessary, depositions may be broken up into multiple days, but must still adhere to the six-hour limit.

What Happens Before a Deposition?

One of the most important things that occur prior to a deposition is preparing for it, as the attorney who will be asking the questions is looking for any excuse to undermine your case. Without properly preparing for a deposition, it may be difficult to present yourself as a credible party.

You need an experienced attorney to prepare you for the questions that will be asked and how to best present your case. Your lawyer can help you better understand the questions that may be asked.  

What to Expect During the Deposition

On the day of the deposition, all parties agree to tell the truth under oath and agree to adhere by the rules, including not talking over the attorney asking the questions. Each attorney will have an opportunity to question all involved parties and cross-examine them as well, including the injury victim.

The questions will be direct and must be answered clearly and completely to the best of the person’s knowledge. The types of questions asked will involve things like the cause of the accident, the types of damages you sustained and how you are being treated.

It is important to always answer only the presented question truthfully and remain calm during the process. Remember to also be mindful of the transcript, as everything you say is being recorded by a court reporter.

What Happens After the Deposition?

When the deposition is concluded, the court reporter will take the transcription of the process along with copies of the evidence presented and will file it for the official record. Each side will have access to all the same information to use as a reference when building their case.

Speak to a Licensed Attorney. Call Us Today

If you were injured through no fault of your own, it may be in your best interest to speak to a qualified attorney who can help you through the legal process.

Our attorneys have over 50 years of experience helping injury victims recover the compensation they need for medical bills, lost wages and other damages.

We do not charge you anything up front or while we work on your case, so there is no risk to you.

Call us today to schedule a free consultation (877) 920-9009