What Are Depositions?

Practice Areas Personal Injury What Are Depositions?

If you have been hurt in a car crash, slip and fall, or another kind of accident, you might file a claim to get the money you need. When you do, you may hear the word “deposition.” This can sound scary, but it is just a formal meeting where people answer questions under oath.

At BANA LAW, PC, our goal is to make every step of a personal injury case as clear as possible. Below, we explain what a deposition is, why it matters, and how our team can help.

What Is a Deposition?

A deposition is a meeting outside of court where a person (called the deponent) answers questions about a case. The answers are recorded word for word. These answers might be typed by a court reporter or filmed with a camera. Lawyers from both sides can be there, and the person testifying is under oath to tell the truth.

In California, depositions are guided by the California Code of Civil Procedure. For example, § 2025.010 says that any party in a case can take the deposition of any person who has information related to the case.

Think of a deposition like a structured interview. It helps both sides learn what a witness or party knows. Later, if the case goes to trial, the lawyers might use the deposition to point out if someone changes their story.

Who Can Be Deposed?

Many people might be deposed in a personal injury case, including:

• You, the injured person
• Witnesses who saw the accident
• Doctors or medical experts
• Other drivers or people involved in the crash
• Company representatives, if a business is part of the lawsuit

Any person with helpful details about the case can be asked to give a deposition. Sometimes, organizations are also deposed. § 2025.010 covers who may be deposed and explains this process in more detail.

Where Do Depositions Happen?

Depositions usually take place in an office, like a lawyer’s conference room. Under § 2025.250, the location depends on how far you live from the court or the offices of the lawyers. Often, it is within 75 miles of a witness’s home or, if you are part of the lawsuit, it could be in the county where the lawsuit is filed.

How Is a Deposition Recorded?

A court reporter types every word said during the deposition. Sometimes, there is also an audio or video recording. The notice for the deposition usually says which method will be used. § 2025.330 states that the person taking the deposition must be under oath, and any objections to the deposition officer’s qualifications must be raised early. This means you need to speak up if you think the officer is not allowed to record your testimony.

Do I Need a Lawyer During a Deposition?

Yes, it is a good idea to have a California personal injury lawyer with you during a deposition. A deposition can feel intimidating, and a lawyer will:

• Help you understand the kinds of questions you must answer
• Step in if questions are unfair or outside the scope
• Make sure you feel comfortable and protected

At BANA LAW, PC, our California personal injury attorneys guide clients through each step. We meet with you before a deposition, so you know what to expect and how to handle tough questions.

What Questions Will They Ask Me at Deposition?

Typical questions include:

• Background: Where you live, where you work, your past injuries
• Accident Details: What happened right before, during, and after the accident
• Medical Care: Which doctors you visited, what treatments you received
• Current Pain: How you feel day-to-day, what you can or cannot do anymore
• Other Topics: Social media use, hobbies, or anything else that might affect the case

Our team helps you prepare by practicing answers ahead of time. Remember, always tell the truth, and do not guess if you are unsure of something.

Will the Judge Be There?

No, a deposition is not in a courtroom. It happens before trial. There is usually no judge, but lawyers can file motions later if there is a disagreement. For example, a lawyer might seek a protective order if the other side’s questions are harassing or burdensome. Courts may limit or stop certain questions to keep the process fair.

What If I Cannot Attend the Deposition?

If you are not a party to the case, you might receive a subpoena (a legal order to show up). A subpoena is required to compel a non-party to attend. If you genuinely cannot attend on the scheduled day, your lawyer can ask the other side to reschedule. It is important to cooperate to avoid problems with the court.

Can a Deposition Be Used at Trial?

Yes. If someone changes their story at trial, lawyers can show the deposition transcript to point out the difference. Sometimes, the deposition can also be used if the witness cannot appear in court. Depositions can be used to impeach a witness (which means showing that the testimony changed) or to provide substantive evidence if the witness is unavailable.

How Do I Prepare for a Deposition?

• Review Important Facts: Go over your accident details, medical records, and timeline.
• Ask Your Lawyer: If you are worried about a question, talk to your attorney before the deposition.
• Stay Calm: Speak slowly, answer briefly, and do not volunteer extra information.
• Be Honest: If you do not remember something, say so. Guessing can hurt your case later if you are wrong.

How Long Will a Deposition Take?

Some depositions last only an hour or two. Others can take a full day, especially in complicated cases. If you need breaks or have health issues, let your lawyer know. The other side should respect reasonable break requests.

Why Is This Part of My Personal Injury Case?

A deposition is one of the best ways for insurance companies or other parties to learn about your side of the story. If you are seeking money for medical bills, pain and suffering, or lost wages, they want to see if you are truthful and consistent. They might use the deposition to decide on a settlement or to fight your claim in court.

How Does BANA LAW, PC, Help?

At BANA LAW, PC, we guide you every step of the way. We prepare you for your deposition by:

• Explaining the process in simple terms
• Practicing sample questions
• Telling you what to do if you feel upset or confused during questioning

We work hard to make sure you feel comfortable, and we fight to protect your interests. We also handle all the legal details, from scheduling the deposition to sending out subpoenas if needed.

If You Have Been Injured and Have Questions About Depositions, Call Us

If you have been injured in California and have questions about depositions or any other part of your personal injury case, call us anytime at (855) 997-6599. Hablamos Español. You can also fill out our online contact form to request a free consultation. We take pride in helping clients throughout the state get the guidance they need and the compensation they deserve.

Remember: At BANA LAW, PC, we stand by our No Fees Unless We Win Guarantee, and we advance all case costs. Let us handle the legal work while you focus on healing. We proudly serve all of California and are ready to help you today.