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How to Testify in a Deposition

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A deposition is, essentially, a recorded interview where your answers to the interviewer’s questions are given “under oath.” This means that—just like when testifying in a courtroom—you potentially face serious penalties, including fines or even incarceration, for lying (also known as “perjury”).

Usually conducted in an attorney’s office, during the deposition questions will be asked by an attorney. While you respond to the questions on your own, you should also have an attorney on “your side of the table” to protect your interests. All depositions will be recorded; usually by a court reporter, but sometimes also by a videographer.


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    Know why you are there. You know something about an ongoing case. One or more of the parties to the litigation want to know what you know.
    • Remember, in addition to what you say, your demeanor and credibility are also being evaluated. Are you changing your story from answer to answer? Do you have problems recalling specific details? Do you have shifty eyes?
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    Refresh yourself. Prepare yourself—both physically (get sleep and food before your deposition) and mentally (review your notes and documents).
    • If you are representing an organization, you will often need to learn the facts of the case from someone else (as opposed to refreshing your own memory).
    • Do not review documents during the actual deposition unless you do so with your attorney’s approval and/or at the request of the attorney asking the questions. Whatever documents you look at, other attorneys in the case are entitled to a copy, which potentially could end up as an exhibit in court.
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    Clear the day. Depositions usually last for several hours (and can often go over their scheduled time by mutual agreement). It’s a good idea to block off the entire day.
    • Feel free to ask for breaks whenever needed—for lunch, bathroom, or to speak with your attorney in private.
    • If you are truly feeling exhausted as the deposition wears on, do not hesitate to ask that it be concluded on a different day.
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    Dress appropriately. This is a formal occasion. Don’t overdo it with an evening gown or tails, but smart business dress (that is still relatively comfortable—remember, you’ll be sitting for hours!) will do much for both your confidence and your credibility.
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    Respond appropriately. Everything you say will be written down and interpreted by someone who wants to use your words to discredit you and your position. Thus, do not make jokes, speak mockingly, satirically, or sarcastically. The hilarious expression on your face will not make it to the transcript and your words will be twisted. Just answer the questions politely and to the point.
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    Answer audibly. If you nod your head or mumble “uh-huh,” the court reporter has no good way to record that response. For that reason, it is very important to always clearly say “Yes” or “No” instead of making gestures or shaking your head.
    • By the same token, do not speak out of turn. The court reporter can’t keep up when more than one person is talking, and cannot effectively indicate it in the transcript. It can be hard, but wait until the other person is finished talking before you begin your answer.
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    Pause. Think before you answer. Make sure you understand the question (if you don’t understand, ask for clarification). Give your attorney time to think about whether any objections to the question would be appropriate (and then to make an objection). Don’t worry, you will not seem mentally deficient – pauses will not be recorded in the written transcript in any way. There is virtually never any downside to taking a pause after each question before beginning your answer.
    • Take breaks. If you find yourself getting mentally sluggish, ask for a break. Get some water, step outside, take a short walk. You want to stay sharp and in control while answering questions on the record.
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    Do not lie. For your own sake, tell the truth and nothing but the truth. Depositions are conducted under oath, meaning you can get sanctioned by a court for perjury (with possible fines and/or incarceration).
    • There are at least two sides to any lawsuit or case. There will be facts going for and against your position. You don’t need to worry that some of the things you say are not in your favor. It is your lawyer’s job to downplay “bad facts” in court, but not your job to hide them in deposition.
    • Fix the record. If, at some point in your testimony, you realize you’ve said something false, you must fix it. Speak with your own attorney about your inadvertent mistake and he or she will ensure you have an opportunity to put the truth on the record.
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    Do not answer legal questions. Even if you’re asked in a way that makes it sound like a factual inquiry, your job is not to make legal theories. For instance, if you’re asked, “Please describe all the facts that support the idea that you weren’t negligent,” simply answer that you don’t know. Answer only specific questions about things you know or witnessed.
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    Do not answer questions you weren’t asked. Really. If you’ve been asked your name, do not explain it means “Little Bird” in Swedish and that it was your Aunt Olga’s middle name. If you are asked a “yes/no” question (Do you like ice cream?), simply answer “yes” or “no.” (Yes!) It’s up to the attorney questioning you to ask for any further explanations or follow-up questions. (But, I’m deathly allergic to ice cream!) Make the questioning attorney work for the information he or she wants.
    • Attorneys will often give you non-verbal communications (such as a raised eyebrow, or a confused and furrowed look) to encourage you to expand your answer. Do not answer. Make them verbally ask you specific questions.
    • Know that a deposition is not a time for you to convince anyone of your personal position. It is not a time to tell the story of what happened to you. The deposition time belongs to the questioning attorney. You are there to answer and clarify the questions they ask you and nothing more.
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    Do not guess. If you don’t know something, don’t make it up. Don’t recount a story someone else told you as something you personally know or witnessed.
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    Do not deliberately make it hard. While it’s not your job to tell the attorney what questions they should ask you, or to answer questions they haven’t asked, you should also not be argumentative or belligerent. This only serves to weaken your case and your credibility.
    • However, never answer a question you don’t understand. If you need clarification, ask the attorney to rephrase their questions.
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    Take the high road. Attorneys can sometimes be rude, condescending, and unprofessional. Take the high road. Don’t respond in kind. Turn the other cheek.
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    Listen to your lawyer. After your lawyer states his or her objection, go ahead and answer the question unless your lawyer specifically instructs you not to. Usually in a deposition, most if not all objections are made “for the record,” so that it can be revisited later in court before a judge who will then rule on the objection. Failure to object in a deposition often means the objection is “waived” and cannot be raised later in court when a judge is present to rule on it. For this reason, after your lawyer states his or her objection “for the record,” most of the time you will be instructed to answer the question anyway. Only in rare cases will your attorney specifically instruct you not to answer.

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