A deposition is when both sides in a case have the opportunity to ask questions of the other side’s witnesses “on the record.” “On the record” means that the witnesses’ answers, or “testimony”, will be recorded for the purpose of litigation. Depositions are used to gather facts from the other side, determine if the person will make a credible witness, and to search for any inconsistencies in a case.
What happens during a deposition?
You, your attorney, the attorney representing the other side, and a court reporter will all be in the room. You will be “sworn in,” meaning you will pledge to tell the truth. The other side’s attorney will ask you a series of questions. Depending on your case, this can take a few hours or a half-day. Your own attorney may or may not ask you any questions. Remember they can ask you questions at any time, not necessarily on the record in front of opposing counsel.