Deposition Pointers

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    General Deposition Rules – What Every Witness Should Know

    A deposition is serious legal testimony given under oath — just like in court.
    Your answers are recorded and can be used later, so understanding the rules is critical.

    1. Tell the Truth – Always

    • You are under oath, just like in a courtroom.

    • Even a small lie can harm your case and credibility.

    • If you don’t know the answer, say “I don’t recall” or “I’m not sure” rather than guessing.

    2. Listen Carefully

    • Wait for the entire question before answering.

    • Make sure you understand the question — ask for clarification if needed.

    • Don’t assume you know where the question is going.

    3. Answer Only the Question Asked

    • Give short, direct answers.

    • Avoid volunteering extra details or going off-topic.

    • Example:
      Q: “Do you own a car?”
      A: “Yes.”
      (Not: “Yes, I own a 2019 Toyota that’s been giving me trouble…” unless they ask.)

    4. Speak Clearly

    • Avoid nods, shrugs, or “uh-huh” — the court reporter needs words.

    • Take your time — you don’t need to rush.

    5. Don’t Guess

    • It’s fine to give estimates if you explain they’re estimates.

    • If you truly don’t know, say so.

    • Guessing can lead to contradictions that hurt your credibility.

    6. Keep Your Cool

    • Stay polite and professional, even if the other attorney is aggressive.

    • Never argue, get sarcastic, or lose your temper — it can be used against you.

    7. Pause Before Answering

    • Gives your attorney time to object if needed.

    • Helps you think before speaking.

    8. Stick to What You Personally Know

    • Don’t speculate about what other people did, said, or thought.

    • If it’s not your direct knowledge, say “I don’t know” or “I wasn’t there.”

    9. Review Key Facts Beforehand

    • Go over your documents, timelines, and prior statements with your attorney.

    • This avoids memory gaps and inconsistencies.

    10. Remember Confidentiality

    • Don’t talk about the deposition outside the presence of your attorney until the case is over.

    Pro Tip:

    If you make a mistake in your answer, correct it as soon as possible during the deposition. Waiting until later can damage credibility.

    What NOT to Do During a Deposition

    Your deposition testimony can make or break your case.
    Here’s what to avoid at all costs so you protect your credibility and keep the focus on your strongest facts.

    1. Don’t Lie or Guess

    • Even small lies can destroy your credibility.

    • If you don’t know the answer, say “I don’t recall” or “I’m not sure.”

    • Guessing often leads to contradictions the other side will exploit later.

    2. Don’t Volunteer Extra Information

    • Only answer the exact question asked.

    • Oversharing gives the other lawyer more to dig into — sometimes in areas unrelated to your case.
      Example:
      Q: “Do you own a car?”
      A: “Yes.” (Stop there.)

    3. Don’t Argue or Get Defensive

    • The opposing lawyer may push your buttons to see how you react.

    • Stay calm and polite — anger can make you look less credible.

    4. Don’t Speak Before Thinking

    • Take a brief pause before answering.

    • This gives you time to think and lets your attorney object if needed.

    5. Don’t Make Jokes or Sarcastic Remarks

    • Humor and sarcasm do not translate well on transcripts.

    • Jokes can sound flippant or disrespectful in print.

    6. Don’t Answer a Question You Don’t Understand

    • Always ask for clarification if a question is confusing.

    • Saying “I’m not sure what you mean — could you rephrase that?” is better than giving a wrong or misleading answer.

    7. Don’t Talk Over the Lawyer

    • Wait until they finish speaking.

    • Talking over them makes the transcript messy and could make you look combative.

    8. Don’t Let Silence Pressure You

    • Lawyers may pause after your answer to tempt you into adding more.

    • Just sit quietly — silence is normal in depositions.

    9. Don’t Use Absolutes Unless They’re True

    • Avoid “always” or “never” unless you are 100% certain.

    • Absolutes can be disproven by a single exception.

    10. Don’t Forget Your Body Language

    • Rolling eyes, crossing arms, sighing, or shaking your head can be seen as hostile.

    • The court reporter or video camera may capture these moments.

    Pro Tip:

    If you realize you made a mistake during your deposition, correct it right away.
    It’s much better to fix it on the spot than to let the other side bring it up at trial.

    📞 We Prepare Clients to Testify With Confidence
    At Ginsburg Law Group, we don’t just hand you a list of rules — we practice real questions with you so you know exactly what to expect in the deposition chair.
    Call 855-978-6564 to schedule your prep.