What is a deposition?

A deposition is testimony given under oath and recorded for use in court at a later date. Though depositions usually take place at a conference table in an attorney's office, they are as serious as if they took place in the presence of a judge and jury. At a deposition, there is a court reporter present and usually a videographer.

If you file a lawsuit, your deposition will probably by the most important event with the exception of your testimony at trial. Cases are won and lost during depositions. The attorney taking your deposition will develop an impression of the kind of witness you'll be at trial based on your performance in the deposition.

In advance of your deposition, you should prepare by reviewing carefully all the documents relating to your employment. The defendant’s attorney will probably ask you about each of them in detail.

You should dress professionally because the video recording of your testimony will likely be played to the judge or jury at the trial of your case. If you say anything untrue at the deposition, it will probably be used against you at trial especially if the defendant has evidence that shows what you testified to at your deposition to be untrue. At your deposition, the defendant’s attorney will usually ask you questions related to your case. Depositions usually last from 10 am to 5 pm per day with several short breaks and an hour lunch break. The deposition of the plaintiff in a wrongful termination case may last three or more days depending on the length of the employment relationship and the number of incidents at issue in the case.

In addition to the court reporter and videographer, several individuals may be present at the deposition, including an individual you can't stand the site of. Also, the attorney who takes your deposition may appear sarcastic and even rude toward you. The best deponents anticipate this circumstance and remain calm throughout the deposition. They try not to create the impression that they may be easily distracted and lose focus under unfriendly conditions.

When you learn of the date of your deposition, you should immediately request time off from your current employer so you can appear for the deposition and spend at least a day in advance of the deposition preparing with your attorney. You should also try to get a good night's rest before the deposition though you may be anxious. Avoid alcoholic beverages and other substances that may interfere with your memory and ability to speak clearly.

Many plaintiffs attempt to "tell their whole store" at their deposition. Such plaintiffs are better served by truthfully, accurately, simply, directly and succinctly answering the questions that are asked of them without trying to "score any points." In following this rule, plaintiffs will likely shorten their depositions and create a better, clearer record in advance of trial.