What is a deposition?
A deposition is testimony you give under oath, out of court, before an officer who can administer oaths, usually a court reporter. Lawyers use it to question witnesses, gather evidence and preserve testimony for trial. In an injury case, the defense lawyer will usually depose the injured person, often in a conference room or over video.
Last checked November 9, 2026 · Official sources (4)
What happens at a deposition? An example
EXAMPLE ONLY. Linda slipped on a wet floor at a store and hurt her shoulder. Six months into her lawsuit, she sits at a table with her lawyer, the store's lawyer and a court reporter. She swears to tell the truth. For about three hours, she answers questions:
- Background: her job, her education, where she has lived.
- Health history: any shoulder pain or treatment before the fall.
- The fall: what she was wearing, where she was looking, what she saw on the floor.
- Since then: what she can and cannot do, and who she has seen for treatment.
Every word is typed into a transcript. A year later at trial, if Linda says the floor was soaked but told the deposition she never saw the water, the store's lawyer can read her earlier answer to the jury.
Why does your deposition matter so much?
For many insurers, the deposition is the first time they see you in person. They are judging how you will come across to a jury, and that shapes what they are willing to pay. A calm, honest witness who admits what she does not remember can raise the value of a claim.
Prepare with your lawyer, review your earlier statements and medical visits, and answer only the question asked. "I don't know" and "I don't remember" are fine answers when they are true.
How long can a deposition last?
| Court | Time limit |
|---|---|
| Federal court | One day of 7 hours, unless agreed or ordered otherwise |
| Texas, per witness | No side may question one witness for more than six hours |
| Texas Level 2 case, overall | Each side gets no more than 50 hours of depositions of the other side's people |
Most injury depositions of the injured person take a few hours.
Deposition vs. recorded statement
A recorded statement is a phone interview an adjuster asks for during the claim. It is not under oath, and you usually do not have to give one to the other driver's insurer. A deposition happens inside a lawsuit, under oath, with your lawyer in the room.
Questions
Do I have to go to my deposition?
If you are a party who has been properly notified, generally yes. Missing it can lead to penalties from the court.
Can my lawyer object during a deposition?
Yes, but usually you still answer, and the judge sorts out the objection later. Your lawyer can tell you not to answer in limited cases, such as privileged conversations.
Will a deposition be used at trial?
It can be. Depositions are often taken to be used later in trial.
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See if I’m owed moneySources (4)
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.”
- Fed. R. Civ. P. 30(d)(1), checked 2026-11-09. “Unless otherwise stipulated or ordered by the court, a deposition is limited to one day of 7 hours.”
- Tex. R. Civ. P. 199.5(c), checked 2026-11-09. “No side may examine or cross-examine an individual witness for more than six hours.”
- Tex. R. Civ. P. 190.3, checked 2026-11-09. “Each side may have no more than 50 hours in oral depositions to examine and cross-examine parties on the opposing side, experts designated by those parties, and persons who are subject to those parties' control.”