Being deposed can feel like entering uncharted territory. Unlike court testimony—which at least gets dramatic representation in movies and on television—depositions are something in which few people have actually participated. Knowing what to expect, how to prepare and the best ways to give direct, truthful answers will make any deponent feel more comfortable and more capable of participating fully and meaningfully.

What to expect

Where do you sit? How long will it take? What should you wear? Here's a practical explanation of your deposition day.

  • You will be in a conference room. Your lawyer will be next to you and the court reporter will be on the other side of you. The questioning attorney will be on the other side of the court reporter. If there are multiple parties to the case, there may be several attorneys present. If the deposition is being videotaped, there will be a videographer filming you.
  • Expect your deposition to go all day. Under the Federal Rules, the questioning attorney is entitled to seven hours of on-the-record testimony. And don't expect to have the opportunity to return phone calls and emails. Breaks will be kept relatively short and you will usually want to use them to talk to your attorney.
  • Dress in a professional manner, depending on your profession. If your title calls for a suit, wear a suit. If, however, your job requires more casual attire, talk to your lawyer about what you should wear. Obviously, if you are being videotaped, your attire is a bit more important.

What to keep in mind