As court reporters, our work includes many places outside the courtroom. Hours of preparation go into your average court case, and depositions are a big part of that.

What is a Deposition?

A deposition is an oral line of questioning, as opposed to a written interrogatory or a request for other documents related to the case. 

A deposition is an “informal” hearing (I use quotes because the proceedings are still recorded, there are simply no legal officials or jury members present) that is used for pre-trial discovery—a period where subpoenaed witnesses are brought before each party’s counsel to answer questions that may direct either side’s legal strategy.

Pre-Trial Tips: Do’s and Don’ts of a Successful Deposition

Depositions can be tricky because of their informal nature, and because the goal of the opposing counsel is to find out as much about the other side’s case as possible. Rest assured that your lawyer will be present to guide you through the process; In any case, these tips can help you prepare your best answers:

Reporting In: Tips From a Transcriptionist

1)   Keep Calm— A hurried, stress-filled answer is exactly what the opposing counsel is looking for: any minor slip-ups, whether caused by emotion or not, can be brought to bear against you during the actual trial.

2)   Answer Out Loud—A court reporter can’t hear you shake your head from side to side (or up and down, for that matter). Use carefully-chosen words that make your meaning clear.

3)   No Word Games—Don’t answer a question with another question, as it reflects poorly on the record. However, never hesitate to ask for clarification of a line of inquiry—this makes you look like you are only interested in providing the whole truth.

4)   Restrain Yourself—Some questions may seem so obvious that you would want to provide a flippant or joking answer. This is a big no-no: Treat the opposing counsel as you would treat your own lawyer, with respect and courtesy

5)   Speak Deliberately—As always, give the court reporter on duty a fair chance to do their job right. Speak slowly and carefully, and do not interject in between questions with unnecessary info. This apprehension and patience with yourself will only serve you well in a depo.

Common Things Lawyers Say to Watch Out for in a Deposition

6)   Beware of General Questions—Open-ended questions are a common tactic for eliciting unneeded information (ex: If asked “tell me everything you know about “X”, it is wise to respond with something like “tell me what you would like to know,” rather than simply gushing the details of your case).

7)   Answer Truthfully—You are under oath, just as if you were sitting in the witness stand. Enough said.

8)   Relax—Many cases involve personal aspects near and dear to both the litigants and witnesses involved in the case. Many lawyers will deliberately try to provoke you during a deposition in hopes of gaining an edge; don’t give it to them.

9)   Slow Down—Give your own lawyer an opportunity to object to a line of questioning before answering. They generally will know better which lines of inquiry may be spurious or potentially damaging.

10)  If You Don’t Know, Think Before Saying So—Saying “I dunno” might seem truthful, but if you mention specifics in trial that were not covered in the deposition it can be used against you. A more appropriate answer might be "I'm not sure" or “I don’t have access to that information at the moment, but I may be able to get it for you.”