What a Deposition Is Like

Before the deposition, your attorney will meet with you to review your work history and the types of questions defense attorneys usually ask. You'll talk about job sites, products you remember and how the work was done. Preparation isn't about memorizing answers. It's about refreshing your memory and understanding the process. Your attorney may show you photos, records or lists of products to help jog your memory. Bring up any concerns, such as fatigue or medication effects, so the schedule can account for them. You can also ask how long the session is expected to last and where it will be held.

On the day, a court reporter swears you in and records everything said. Defense attorneys take turns asking questions, sometimes about details from many decades ago. They may ask about each job, the materials you used, other possible exposures, your health history and your family. You should answer honestly, and it's fine to say you don't know or don't remember. Your attorney may object to certain questions. Sessions can be long, so breaks are taken as needed. If one day isn't enough, the deposition may continue on another day. Speak slowly and clearly for the record.

Many people worry they won't remember enough. Depositions don't require perfect recall. What matters is that your answers are honest and based on your own memory. If you're unsure about a date or product name, say so. Guessing can create confusion later. Coworkers, records and existing evidence often fill in the details you can't recall. After the deposition, you may have a chance to review the transcript for errors. Your attorney will explain how the testimony fits into the rest of the case. Your honesty is what makes your testimony credible to a jury.

1. 1

   Review your written list of jobs and products with your attorney before the deposition.

2. 2

   Tell your attorney about any medication or fatigue that might affect a long session.

3. 3

   Ask for breaks whenever you need them, and drink water throughout the day.

4. 4

   Read the transcript afterward and report any errors to your attorney promptly.