What is a Deposition?

The purpose of depositions is to lock an expert into their testimony at trial. If an expert changes an answer at trial, the opposing attorney can bring into evidence the expert's inconsistent statements in the deposition.

Tips on Giving Depositions:

  • Do not bring notes, diagrams, books, or other written material to the deposition unless a subpoena or the attorney requires it. Review your curriculum vitae (CV) to make sure it is up-to-date and accurate.
  • Always tell the truth, but answer only the question asked.
  • Think before answering.
  • Never answer a question you do not understand.
  • Answer the question asked, then stop! Do not volunteer any information.
  • Answer questions directly, then stop.
  • Do not guess or speculate.
  • Do not use words that leave you vulnerable to attack (such as always, never, I believe, I guess or it's possible).
  • Stop talking when an attorney or judge makes an objection and wait for a ruling.
  • Do not argue or become angry or hostile to the examining attorney.
  • Even if a question calls for a yes or no answer, asks to explain your response if you feel a qualification or explanation is required to complete your answer.
  • Be wary of questions that involve absolutes.
  • Do not memorize your answers before the deposition.
  • Ask for a break any time you need on to collect your thoughts or refresh yourself.
  • If the deposition is being videotaped, look directly at the camera when answering a question; avoid long pauses; make sure any exhibits your use can be seen; and do not eat, drink, chew anything while testifying.
  • Review the court reporter's transcript of your testimony and correct any and all errors, including typos. Do not waive reading and signing the transcript of your deposition.