Your Attorney Can Guide You On How to Prepare for a Deposition

As part of litigation, a deposition is often necessary. A deposition is testimony given under oath as part of pre-trial preparations. The deposition is useful for attorneys as they prepare the case for court. During a deposition, you will be asked questions by the opposing counsel. The questions and answers are made part of the case and are recorded by a court reporter. If you have been subpoenaed, it is advisable to know how to prepare for a deposition.

Review Questions That Will Be Asked

Although you don’t know the exact questions that will be asked during the deposition, you usually can devise a list of possible topics. You should review these topics to refresh your memory. Do not try to rehearse answers. Instead, remember that it is important to always tell the truth.

Practice Ahead of Time with Your Attorney

It is helpful to practice answering the most important questions with your attorney to prepare for the deposition. Your lawyer knows how the questions will be asked, and will help you work through some of your stress. Keep in mind that although the deposition is important, you should try to calm your anxiety so that you can think clearly during the interview.

Remember Important Rules during the Deposition

During the deposition it is essential that you listen to the question and take your time in formulating your answer. Your answers will be used in the case. Ask for clarification if you don’t understand a question. Do not guess at the answers. If you don’t know an answer, say so. You are allowed to confer with your attorney in private if necessary, so be sure to ask for a few minutes to do so if you need to. Consider each question carefully before answering.  A good rule of thumb is to wait two seconds after the end of the question before responding.  This will allow your attorney time to object should she choose to do so, and it will also you to think of how you want to answer before you start speaking.

Bring All Documentation That Pertains to the Case

During the deposition you may be asked to provide related documentation. Do not provide any paperwork unless it has been requested. You may be able to consult with your records to answer a question, so be sure that you have everything you may need with you. If you do plan to bring records with you, discuss with your attorney before the deposition what documents you plan to bring.  Your attorney should review these before you provide to the opposing attorney.

You should treat a deposition the same as if you would if you were called to the stand in a trial. The matter is serious, and the process must be treated with respect. Wear business clothing, and be sure to arrive on time. If you have a legal case pending, contact the experienced attorneys at Udall Shumway PLC to discuss your situation.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding How to Prepare for a Deposition, or any other litigation matters, please feel free to contact Roger C. Decker at  480.461.5343, log on to,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.