08/24/2026
FANCY LEGAL TERMS – WHAT DO THEY MEAN?
Today’s fancy legal term is DEPOSITION (deh-puh-zi-shn), what is it?
After both parties (Plaintiff – you, Defendant – the person who hit you) have answered Interrogatories (last week’s word), and the attorneys for both have reviewed and researched the responses, Depositions will be scheduled. Depositions are part of the “discovery phase” of a lawsuit.
A Deposition does not take place in the Court room. It is not held in front of a Judge or Jury.
You (or whoever is being deposed) must swear under oath that you are telling the truth to the best of your knowledge.
Unlike Interrogatories that are written responses, a Deposition is spoken, in person (or by video conferencing like Zoom ™). Depositions can be held anywhere but usually take place at one of the law offices of the parties involved.
The questions during a Deposition are much like the ones you answered in the Interrogatories, except they are much more detailed and probing. Just like with Interrogatories, Deposition questions will feel invasive and at times unrelated to the crash, but also just like with Interrogatories, the Defense attorney(s) has a right to ask the questions to establish the facts, establish (or destroy) credibility, and discover other information that may need to be explored.
The people in the Deposition room are you, your attorney, the Defense attorney(s), and a Court Reporter/Stenographer who will record every word that is spoken for the written record. Sometimes the Depositions are videoed. If that happens, then there will also be a Videographer present who will take a video of the Deposition.
If it is “Party Depositions”, then the same amount of people applies, however, after your Deposition, the Defendant(s) will give their deposition(s) or vice-versa.
There are also “Witness Depositions”, these are people who witnessed the crash.
There are “Expert Depositions”, these can be medical experts, vocational experts, economic experts, accident reconstruction experts, Police Officers, engineering experts, or a whole host of other experts to prove your case.
Depositions can take as little time as an hour or last an entire day. There is no set time frame.
Wearing comfortable, casual business clothing is best. You will be allowed to take a break whenever you need. You are allowed to have drinks (non-alcoholic) in the room. No one can be in the Deposition with you. Your spouse, family, friends can bring you, but they are not allowed to be in the room while the Deposition is being taken.
Don’t be nervous…who am I kidding, you will be nervous…but you do not have to be.
Just be honest with all your answers. The truth is the easiest thing to remember!
You and your attorney will begin preparing for your Deposition weeks in advance. You may meet with him/her in person a couple of times prior to the Deposition.
Stillman and Friedland will make sure that you are prepared!
