Deposition dos and don'ts, from the people who write down every word

Before the deposition

Preparation is mostly about your attorney and your calendar, not about memorizing anything.

• Do meet with your attorney before the deposition and ask how objections and breaks will work.
• Do confirm the date, time, location or videoconference link, and expected length in writing.
• Do tell your attorney now if you need an interpreter, a disability accommodation, or frequent breaks for a medical reason.
• Do get a full night's sleep and eat beforehand. Depositions reward attention more than anything else.
• Don't review documents your attorney did not give you, and don't go hunting through your own files or email unless asked to.
• Don't discuss your testimony with anyone other than your attorney. Conversations with friends, co-workers, or family are not protected.
• Don't post about the case, the other side, or the deposition on social media, before or after.
• Don't bring documents, notes, or your phone to the table unless your attorney told you to. Anything you bring and rely on can usually be requested by the other side.

Listening and answering

These are the habits that matter most, and the ones nervous witnesses forget first.

• Do listen to the entire question before you begin to answer, even when you think you know where it is going.
• Do pause before answering. The silence does not appear in the transcript, and it gives your attorney time to object.
• Do answer only the question asked, then stop. If the attorney wants more, the attorney will ask.
• Do answer out loud, in words. Nods, shrugs, uh-huh, and mm-hmm cannot be transcribed reliably.
• Do say I don't know when you don't know, and I don't remember when you don't remember. They are different answers, and both are complete.
• Do ask for a question to be repeated or rephrased if you did not understand it. Once you answer, the record assumes you did.
• Don't guess. If you can reasonably estimate a time, distance, or amount, say that it is an estimate and give it; if you cannot, say so.
• Don't volunteer, explain, or fill silences. Attorneys are trained to wait.
• Don't argue with the examining attorney or try to score points. Your job is the same for every question: listen, pause, answer truthfully, stop.
• Don't answer a question you were not asked because you expect it is coming.

Documents, exhibits, breaks, and objections

Most of the mechanics of a deposition are simple once you know the convention.

• Do read any document you are handed, completely, before answering questions about it. Take your time; nobody will rush you.
• Do refer to documents by their exhibit number once they have been marked, so the transcript is clear about which one you mean.
• Do ask for a break whenever you need one, as long as there is no question pending. Breaks are normal and expected.
• Do stop talking the moment your attorney objects, and wait to be told whether to answer.
• Don't answer a question while an objection is being stated. Let the attorneys finish.
• Don't talk about the substance of your testimony during breaks with anyone but your attorney, and assume the room may still be live until the reporter confirms you are off the record.

The court reporter's list

These are the requests reporters most often have to interrupt a deposition to make. Doing them unprompted makes you look prepared and keeps the record clean.

• Do spell unusual names, street names, medical terms, and product names the first time they come up.
• Do speak at a steady pace and finish your sentences. Trailing off leaves the record ambiguous.
• Do wait for the attorney to finish the question before you begin. Two voices at once cannot both be taken down.
• Do give numbers with their units: dollars, feet, miles, minutes, dates.
• Don't gesture in place of words. Point to a document, then say what you are pointing at.
• Don't assume anything is off the record until the reporter has confirmed it.

Mistakes, corrections, and afterward

Nobody testifies perfectly. What matters is how a mistake is handled.

• Do correct yourself on the record as soon as you realize an earlier answer was wrong or incomplete. Say you want to go back to something you said earlier.
• Do tell your attorney immediately if you realize a mistake after the deposition has ended; depending on the rules in your case it may be noted on an errata sheet during the review period.
• Do ask your attorney whether you will review the transcript and how corrections are made.
• Don't try to fix a mistake by quietly changing your story later in the deposition. Address it directly.
• Don't discuss the deposition with anyone but your attorney afterward, and stay off social media about it.
• Don't be surprised if the transcript reads less polished than you felt. It is verbatim. False starts and repeated words are normal and attorneys read past them.

If the deposition is on video

Everything above applies, plus a few things the camera adds.

• Do wear solid, muted colors and avoid bright white, busy patterns, and noisy jewelry.
• Do sit still, keep your hands calm, and look at the questioning attorney, or at the camera if you are remote.
• Don't react visibly to questions, documents, or objections. Expressions are recorded even when words are not.
• Don't eat, chew gum, or check your phone while the record is open. On video it is permanent.

Common questions

What is the single most important habit?

Listen to the entire question, pause, and answer only that question. Most of the trouble witnesses get into comes from answering a different question than the one asked, or from continuing to talk after the answer is complete.

Is it rude to pause before every answer?

No. Pauses are expected at a deposition and do not appear in the transcript. A short silence protects you, gives your attorney a chance to object, and makes your answer more precise.

Can I say I don't remember if I partly remember?

Tell the truth as precisely as you can. If you remember part of something, say what you remember and that you do not remember the rest. If you can reasonably estimate, say it is an estimate. Never manufacture certainty you do not have.

What if the attorney is rude or repeats the same question?

Stay even. Repetition and pressure are tactics, not personal. Give the same truthful answer, let your attorney object if the questioning is improper, and do not argue. The transcript rewards the calmer person in the room.

What if I need to use the restroom?

Ask for a break. As long as there is no question pending, breaks are normal and nobody will refuse one. The reporter notes the time off and back on the record.