This article builds on my last post about expert witnesses. I want to help you get ready if you’re considering taking on this role. It’s important to understand both court and non-court proceedings, like depositions, and what you’ll be expected to do.
Simply put, a deposition is formal testimony given outside of court, under oath, during the legal discovery process. As an expert witness, here’s what I’ve experienced during depositions:
- A witness (or party to a lawsuit) answers questions from attorneys
- The testimony is given under oath, just like in court
- It is usually recorded by a court reporter and sometimes on video
- Depositions take place before trial, often in a lawyer’s office, but now most are done remotely
Why depositions are used includes the following:
- They help attorneys understand what a witness will say at trial
- They preserve testimony in case a witness can’t appear later
- They can be used to challenge a witness’s credibility if their story changes
When asked to give a deposition, I focus on two main points:
- Telling a story based on the provided facts, and
- Protecting my credibility and reputation.
I always base my narrative on the information the hiring law firm gives me. It’s important not to go beyond that.
- Always tell the truth based on the facts provided. If you don’t know or remember something, say so. Correct any mistakes immediately rather than waiting until the deposition is over.
- Only answer the questions you’re asked and keep your responses brief. Don’t offer extra details or over-explain. If something important is missed, your hiring attorney can handle it.
- Listen carefully to each question and ensure you understand. Ask for clarification if needed. Do not fill silences; attorneys may use them to create discomfort.
- Take your time to answer. There is no shot clock that requires you to answer every question immediately. Remember to understand the question fully.
- Do not guess or estimate unless you say so explicitly. Vague answers can be challenged later.
- Avoid absolutes. Do not use words like always, never, or impossible, as these may be challenged.
- If you’re given a document during a deposition, read it carefully. If you don’t understand it, say so and don’t give an opinion. Never assume you know what’s in a document—always check any new information.
- Be consistent in your spoken words to match your written report, emails, or other documents. Even small inconsistencies can be used against you.
- Always stay calm and professional. Do not argue or joke with opposing counsel; they may try to provoke you.
- Maintain a proper and professional demeanor. Your tone, body language, and reactions are all very important. A professional attitude matters just as much as your words in most situations.
- Preparation is crucial. Always meet with the hiring lawyer to review likely questions and anticipated issues.
- Take breaks as needed. Many depositions can last up to 7 hours. Use breaks to regroup and consult your attorneys.
In closing, strong performance relies on honesty, precision, discipline, and preparation.
Prepared by Terry L. Stroud – April 2026
