A deposition gives the other side an opportunity to ask questions under oath outside the courtroom. It can address the accident, medical history, treatment, work, and claimed limitations. The best preparation is an accurate understanding of your own history and the process, not a script designed to make every answer favorable.
Understand the setting
A deposition generally involves the witness, attorneys, and a person authorized to record the testimony. It may occur in person or remotely under the applicable procedures. A video recording may also be arranged. The testimony can be used later in the case, so informal surroundings do not make the answers casual or off the record.
Review the notice with your attorney, including any request for documents. Scheduling, production, interpreter needs, and objections should be addressed through counsel. Do not ignore a notice because you are uncomfortable or assume that sending medical records replaces attendance.
Review the factual timeline
- The sequence of the accident and what you personally observed.
- Medical visits, treatment, symptoms, and periods of improvement.
- Relevant earlier conditions, accidents, and treatment.
- Work duties, missed time, restrictions, and income records.
- Activities affected by the injury and activities you can still perform.
- Prior statements and discovery responses, including any error needing correction.
Refresh recollection without changing it
Documents may help you remember, but distinguish present recollection from something you know only because a record says it. If you discover that an earlier answer or statement was wrong, tell your attorney before the deposition so the appropriate correction can be considered. Do not silently adopt a new account without explaining the discrepancy.
Ask counsel how to handle the materials used in preparation and any documents requested. Not every communication or note has the same protection. Do not create a second version of an existing record or delete a message because it conflicts with your recollection.
Listen to the entire question
Wait until the question is complete, answer what was asked, and request clarification if it is confusing. A truthful “I do not know” differs from “I do not remember.” Use the answer that accurately describes your situation. Avoid guessing a speed, distance, exact date, or medical conclusion just because the question sounds as though a precise answer is expected.
An objection does not always mean you should refuse to answer. Follow your attorney’s instruction. If you realize that an answer was incomplete or incorrect, raise the issue and clarify it through the proper process. Do not try to repair an answer through an undisclosed conversation while testimony is being taken.
Remote deposition preparation
Arrange a quiet setting, a reliable connection, and any approved interpreter or accessibility assistance. Follow instructions about documents, devices, breaks, and who may be present. Do not receive off-camera coaching, read hidden messages, or consult materials without following the examination’s rules. Tell the participants if a technical problem prevents you from hearing a question.
Describe limitations with examples
A broad statement such as “I cannot do anything” can conflict with ordinary daily activities. Explain the actual task, the difficulty, the duration, and any assistance. Include improvement when it occurred. Truthful detail about an activity is more useful than trying to conceal it or describing a diagnosis you have not received.
Official resources
California Courts: discovery in civil cases; California Rule of Court 3.1010, remote oral depositions.
Discuss the facts of your claim
Weiss Attorneys can review the records and the legal questions raised by your situation. Learn about our related injury representation and this related claim guide.
Read Scarlett Farrokh’s attorney profile, request a consultation, or call (213) 583-0977. This article provides general California information. The applicable duties, deadlines, and available remedies depend on the particular facts.
