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Answering questions in a deposition can feel intimidating—especially if it’s your first time. You’re not in a courtroom, but the pressure is real: you’re under oath, an attorney is asking pointed questions, and everything you say is recorded for potential use at trial. A single misstep—like guessing, exaggerating, or oversharing—can create serious complications down the line. That’s why preparation is key. In this blog, we’ll break down what to expect and how to approach questions in a deposition with clarity and confidence, so you can protect your case and stay in control of your testimony.
What Is a Deposition?
A deposition is a formal question-and-answer session held outside of court. It’s part of the discovery process in a lawsuit. One party’s attorney questions a witness or another party involved in the case. A court reporter records everything, and you give your answers under oath.
The goal is to gather information and lock in testimony. Your answers may be read in court if you change your story later or if you’re unavailable to testify live. Even though it’s not held in front of a judge, your answers carry legal weight.
Why Preparation Matters
You don’t need to memorize facts like you’re studying for a test. Instead, you need to understand your role, stay composed, and respond thoughtfully. A single poorly worded answer could be used against you. That’s why even truthful people must prepare.
Tip #1: Listen First, Then Think
Resist the urge to speak immediately. Some questions may sound confusing or overly broad. Pause, process what was asked, and then respond. If you don’t understand a question, say so. It’s better to ask for clarification than to guess.
A few seconds of silence is normal and expected in a deposition. Use that pause to give the most accurate answer possible.
Tip #2: Keep It Short and Direct
Answer only what the question asks. Don’t explain unless you’re asked to explain. This helps prevent you from volunteering information that wasn’t requested. The opposing attorney may ask follow-ups, but don’t feel pressured to fill the silence.
For example:
Q: Did you send the email on March 3?
A: Yes.
No need to add, “Yes, and I also called her later that day to follow up.” That additional detail could open the door to unrelated questions.
Tip #3: Stick to the Facts
Guessing, estimating, or assuming during a deposition can lead to problems later. If you’re unsure, say, “I don’t know” or “I don’t remember.” That’s a valid answer. It’s far better to be honest about uncertainty than to guess and get it wrong.
Don’t try to impress anyone with your memory. Accuracy matters, not speed or confidence.
Tip #4: Stay Calm and Professional
Some attorneys may try to rattle you. They may repeat questions, ask in different ways, or challenge your answers. Remain calm. Don’t argue or raise your voice. Even if a question feels unfair, answer it as clearly as you can or let your attorney step in if needed.
Tone and body language count too. A neutral expression and a respectful tone support your credibility.
Tip #5: Don’t Bring Notes
Unless your attorney tells you otherwise, leave documents and notes at home. If you use papers during the deposition, the opposing attorney has the right to review them. You don’t want to open the door to questions about something that wasn’t relevant to begin with.
Instead, refresh your memory beforehand. Go over key dates and facts with your attorney and make sure you’re familiar with what’s likely to come up.
Tip #6: Tell the Truth—But Only What’s Asked
Everything you say is under oath, so honesty is non-negotiable. That said, there’s no need to expand or speculate. If the question doesn’t ask for a reason, don’t offer one.
Here’s a good mindset: be truthful, be brief, and stay in your lane.
Tip #7: Watch Out for Trick Questions
Attorneys sometimes use phrasing that boxes you into an answer. For instance:
“You never told your supervisor about the issue, correct?”
That sounds simple, but answering “yes” could suggest you kept silent, even if you told someone else. If a question feels loaded or unclear, ask for it to be rephrased.
Avoid absolute words like “always” or “never” unless they truly apply.
Tip #8: Be Consistent
If you’ve answered similar questions in other settings—such as in a written statement or previous hearing—stick to the same version of events. Inconsistencies, even if accidental, may be used to question your credibility.
Before your deposition, review any statements you’ve made previously. Your attorney can help with this part of the preparation.
Tip #9: Don’t Joke or Use Sarcasm
Humor rarely translates well in written transcripts. Jokes, sarcasm, or offhand remarks can look confusing or inappropriate when read later. Keep your tone serious and your language professional.
Tip #10: Work with Your Attorney
You don’t have to go through this process alone. Your attorney will sit beside you during the deposition and may object to questions. Trust their guidance, especially if they tell you not to answer something.
Ask for breaks if you need them. If you feel tired, confused, or overwhelmed, it’s okay to pause. You’re allowed to step outside with your attorney before answering certain questions, as long as it doesn’t happen in the middle of a question.
What Happens After the Deposition?
Once the deposition ends, a transcript will be prepared. You may have the chance to review it for accuracy. If you find small errors—like a misheard word or name—you can correct them. Major changes could raise red flags, so review carefully.
Your attorney may use the transcript to prepare for trial or settlement discussions. Opposing counsel may also use your testimony to argue against your case.
Final Thoughts
Questions in a deposition can feel intense, but with the right preparation, you can stay composed and in control. The key is to listen carefully, remain calm, and answer truthfully—without guessing or offering unnecessary details. Don’t let pressure push you into saying something uncertain or inaccurate. Every response is an opportunity to present clear, consistent testimony that supports your case. With focus and the right mindset, you can navigate questions in a deposition with confidence and protect your credibility throughout the legal process.
Got Questions About Deposition Prep?
If you need help understanding how to prepare for a deposition or want legal support during a family law case, contact our office. We’re here to protect your rights and guide you through every step. Call us today or visit our website to schedule a consultation.
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Frequently Asked Questions
Yes, in certain situations, you can instruct not to answer a deposition question in Texas. It is important to consult with your attorney to understand the specific circumstances and legal grounds for asserting this instruction.
In Texas, objections during a deposition should be made based on recognized legal grounds, such as privilege, relevance, or form. However, it is essential to consult with your attorney to fully understand and properly assert objections during the deposition process.
In Texas, the deposition notice rule requires the party seeking the deposition to provide reasonable notice to all parties involved. This notice should include the time, place, and manner of the deposition, allowing all parties to adequately prepare and participate.
In Texas, there are limitations on the number of hours and the number of depositions that can be conducted. It is crucial to be familiar with the applicable rules and consult with your attorney to understand the specific limitations and how they may affect your case.
