Lemon Law – Depositions
Deposition Preparation Checklist – Lemon Law Cases
A deposition is a formal question-and-answer session where the manufacturer’s lawyer asks you questions under oath before trial. It’s recorded by a court reporter (and sometimes video) and can be used in court. Preparation is critical to protect your credibility and strengthen your case.
1. Understand the Goal
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What It Is: An opportunity for the other side to learn your version of events, test your memory, and look for weaknesses.
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What They Want: To find inconsistencies, admissions, or statements they can use to weaken your case.
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Your Job: Tell the truth, stay calm, and stick to facts you know.
2. Before the Deposition – Preparation Steps
✅ Review Your Case File
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Read your purchase/lease agreement and warranty booklet.
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Study repair orders and service history — know the timeline of problems.
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Refresh your memory on communications with the dealer/manufacturer.
✅ Meet with Your Attorney
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Go over likely questions and your answers.
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Discuss any weak spots in your case so you’re not surprised.
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Practice staying calm under tough questioning.
✅ Gather Key Documents
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Bring a clean copy of your repair records, purchase agreement, warranty, and correspondence.
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You’ll likely not need to refer to them often, but they can help jog your memory if allowed.
3. How to Answer Questions
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Listen Fully – Wait for the entire question before answering.
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Answer Only What’s Asked – Don’t volunteer extra information.
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Keep It Short & Accurate – “Yes,” “No,” “I don’t know,” or a brief factual answer is enough.
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Don’t Guess – If you’re not sure, say “I don’t recall” or “I’d have to check the records.”
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Stay Calm – Even if the question feels accusatory or unfair.
4. Common Deposition Topics in Lemon Law Cases
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Purchase Details
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When, where, and how you bought/leased the vehicle.
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Vehicle Problems
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First appearance, symptoms, and effect on use/safety/value.
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Repair Attempts
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Dates, mileage, what was done, and whether the problem returned.
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Communications
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Conversations, emails, or letters to/from dealer or manufacturer.
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Vehicle Use & Care
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Maintenance, modifications, and driving habits.
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Impact on Your Life
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Out-of-pocket expenses, missed work, inconvenience.
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5. Day-of Deposition Tips
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Dress Professionally – Business casual is fine; avoid flashy clothing.
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Arrive Early – Gives you time to settle in and review notes.
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Bring Photo ID – Often required for building or reporting purposes.
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Stay Hydrated & Take Breaks – You’re allowed to pause and confer with your attorney (except when a question is pending).
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Stay Neutral – Avoid arguing or showing frustration; body language matters.
6. After the Deposition
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You may have the chance to review the transcript for accuracy.
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Debrief with your attorney to discuss how it went and next steps in your case.
Lemon Law Deposition “Hot Seat” Practice Q&A
In a Lemon Law deposition, the manufacturer’s attorney’s main goals are to:
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Shift blame to you (misuse, neglect, modifications).
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Minimize the defect (not “substantial,” “fixed,” or “normal wear”).
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Limit damages by downplaying inconvenience and impact.
1. Vehicle Purchase & History
Q: When did you purchase or lease your vehicle?
Trap: Basic fact, but they’ll match your answer against purchase documents.
Tip: State exact date if you know it; otherwise, “to the best of my recollection.”
Q: Did you test drive the vehicle before purchase?
Trap: If you noticed any issues, they’ll argue you accepted them knowingly.
Tip: Only state issues you actually experienced — don’t speculate.
2. The Defect(s)
Q: Describe the problem with your vehicle.
Trap: They want vague descriptions they can later label as “minor.”
Tip: Be specific — “The engine stalls without warning while driving at highway speeds, creating a safety hazard.”
Q: How soon after purchase did you first notice the problem?
Trap: They’ll argue it happened late in ownership and isn’t a manufacturing defect.
Tip: Give the timeline accurately; if it was gradual, say so.
3. Repair History
Q: How many times did you take the vehicle in for repair for this issue?
Trap: If you say fewer than the statutory minimum, they’ll claim no Lemon Law coverage.
Tip: Count accurately and refer to your service records.
Q: Did the dealer ever tell you the problem was fixed?
Trap: They may argue the repairs were successful.
Tip: If the issue returned, say clearly, “They told me it was fixed, but the problem came back within X miles/days.”
Q: Did you miss any scheduled maintenance?
Trap: They’ll try to argue neglect caused the defect.
Tip: If you did all required maintenance, say so; if you missed something minor, explain why it’s unrelated.
4. Modifications & Aftermarket Parts
Q: Have you made any changes to the vehicle since purchase?
Trap: They’ll try to blame the defect on modifications.
Tip: Be truthful but point out if the modification is unrelated — “I changed the stereo; this has nothing to do with the transmission issue.”
Q: Did you use non-OEM parts for repairs?
Trap: They’ll suggest the part caused the problem.
Tip: If you did, note when and why, and whether the defect existed before the part was installed.
5. Use of the Vehicle
Q: How many miles do you drive per year?
Trap: Excessive mileage may be used to claim normal wear and tear.
Tip: Answer factually without volunteering opinions about wear.
Q: Have you ever been in an accident with the vehicle?
Trap: They may claim the accident caused or worsened the defect.
Tip: If yes, explain the nature and timing — and that the defect existed before/was unrelated.
6. Impact on Your Life
Q: How has this problem affected your daily life?
Trap: They’ll argue the inconvenience was minimal.
Tip: Give concrete examples — “I missed work on three occasions because the car wouldn’t start.”
Q: Did you have access to another vehicle during repairs?
Trap: If yes, they’ll say you weren’t inconvenienced.
Tip: Explain any rental car costs or reliance on others.
7. Communications
Q: Did you ever contact the manufacturer directly?
Trap: They’ll argue you didn’t give them notice/opportunity to fix the issue.
Tip: If you did, provide the date/method; if not, explain your dealer handled all contact.
Q: Did the dealer ever refuse to repair the vehicle?
Trap: They’ll argue you didn’t give enough repair attempts.
Tip: If they refused, say so and explain what reason they gave.
Practice Tips
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Bring a Chronological Repair Log – With dates, mileage, repair orders.
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Stay in Your Lane – Don’t speculate on engineering causes — focus on your experience.
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Control the Narrative – Describe how the defect persists and affects safety/value.
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Stay Calm – They may try to provoke frustration to make you look unreasonable.
📄 Pro Tip: The three biggest traps in Lemon Law depositions are
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downplaying the defect,
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shifting blame to the owner, and
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twisting repair history to show “success.”
Practicing these “hot seat” questions in advance keeps you consistent and credible.
