Your Deposition Is Coming Up. Here's How to Prepare.

If you're in a lawsuit, there's a good chance you'll be deposed. For most people, it's the first time they've answered questions under oath, and it's natural to be nervous.

A little preparation goes a long way. Here's what I tell people before theirs.

What a deposition is.

It's sworn testimony taken before trial. The other side's lawyer asks the questions, your lawyer sits beside you, and a court reporter records every word. It usually happens in a conference room, sometimes on video. There's no judge in the room, but your answers can be read to a jury later.

Meet with your lawyer beforehand.

A good lawyer will prepare you: what topics to expect, which documents to review, and how the other side is likely to approach you. If your lawyer hasn't scheduled time to prepare you, ask for it.

The best answer is usually the shortest true one.

Listen to the whole question.

Then pause. The pause gives you time to think and gives your lawyer time to object. Answer only the question that was asked.

Don't guess.

"I don't know" and "I don't remember" are honest answers when they're true. A guess can be treated as a fact for the rest of the case.

Ask for clarity.

If a question is confusing, say so. You're allowed to ask for it to be rephrased.

Don't volunteer.

Silence after your answer can feel awkward. It's supposed to. Let the other lawyer ask the next question.

Tell the truth, including the hard parts.

If you had an earlier injury, a prior claim or something you'd rather not discuss, tell your lawyer before the deposition. Surprises hurt you far more than facts your lawyer already knows how to handle.

Bring only what your lawyer tells you to bring.

Notes and documents you bring can sometimes be demanded by the other side.

Take breaks.

You can ask for one, just not while a question is waiting for your answer.

Read the transcript.

You'll usually have a chance to review it and correct transcription errors. Do it carefully, and with your lawyer.

Where Lexmatch fits.

Preparation for a deposition is a basic part of good representation. If your lawyer isn't preparing you, or isn't returning your calls before a date like this one, that tells you something. Lexmatch doesn't disappear after the introduction. If the lawyer you found through us stops responding, a Lexmatch attorney gets involved.

This article is general information, not legal advice. Procedures vary by state and by court.