A deposition is your first time testifying under oath. How you perform can make or break settlement negotiations and trial outcomes.
A deposition is sworn testimony taken outside of court. You sit in a conference room with the attorneys, a court reporter, and possibly your spouse. The opposing attorney asks you questions, and everything you say is transcribed and can be used at trial.
Think of a deposition as a dress rehearsal for trial with real consequences. Opposing counsel is evaluating your credibility, finding weaknesses in your case, and locking you into testimony they can use against you later.
Wait for the entire question. Make sure you understand it. Ask for clarification if needed. Never answer a question you don't understand.
If asked a yes/no question, answer yes or no. Don't volunteer extra information. Don't explain. Don't ramble. Short answers are good answers.
You're under oath. Lies will come back to haunt you. If you don't know something, say so. If you don't remember, say so. Never guess.
"I don't know" and "I don't remember" are acceptable answers if true. Guessing creates testimony that can be used against you later.
The opposing attorney may try to provoke you. Stay calm. Don't argue. Don't be sarcastic. Judges read transcripts, and demeanor matters.
Looking at your lawyer before answering makes it seem like you need coaching. Know your facts. Trust your preparation. Answer directly.
Illinois Supreme Court Rule 206(d) limits depositions to 3 hours. Additional time requires agreement or court order.
Reasonable written notice must be given. The notice specifies date, time, and location. Video depositions require advance notice.
Most objections are "reserved" - noted for the record but the witness still answers. Instructions not to answer are limited to privilege and harassment.
Proper preparation is essential. Schedule a prep session to review likely questions, practice your responses, and understand what to expect.