What is a deposition?

How it works in practice

It usually happens in a conference room or by video, not a courtroom, with no judge present. Present are the witness, the lawyers, a court reporter and sometimes a videographer. Objections are stated for the record but the witness normally still answers, except where privilege is involved — the judge rules on the objections later.

Why they matter more than people expect

The transcript locks in the testimony. Saying something different at trial invites impeachment with your own prior words, read back sentence by sentence. Most cases settle after key depositions precisely because both sides can finally see how the witnesses will perform.

The rules that govern them

In federal court, a deposition is limited to one day of seven hours, and a party is normally limited to ten depositions without leave of court. State rules are similar in structure and differ in the details. A subpoena can compel a non-party to attend, and a corporation can be required to produce a designated witness to speak for the organisation.

How witnesses are prepared

The standard instructions are simple and hard to follow: listen to the whole question, answer only what was asked, say you do not know when you do not, never guess, ask for a document before testifying about it, and do not volunteer. Preparation is about discipline, not scripting — coaching a witness to give false testimony is perjury and can end the case outright.