What Are Depositions in New York?
In New York, a deposition is a key part of the discovery process in a lawsuit, particularly in personal injury cases. It is a formal, sworn question-and-answer session in which a witness or party testifies under oath outside the courtroom. Although not held before a judge, a deposition is legally binding, and anything said can later be used as evidence at trial.
Depositions allow both sides to understand the facts, evaluate the strengths and weaknesses of the case, and avoid surprises in the courtroom. They also play a crucial role in settlement negotiations because each side gains a clearer picture of how the testimony may appear to a jury.
A court reporter is present to record the testimony, and in many cases, the deposition may be videotaped. Depositions are governed by state discovery rules or, in federal cases, Rule 30 of the Federal Rules of Civil Procedure.
Purpose of a Deposition
Depositions serve several important purposes:
- Gather Evidence: Attorneys use the session to collect detailed information and clarify facts.
- Assess Credibility: Opposing counsel observes how a witness answers, their demeanor, and their consistency.
- Prepare for Trial: Testimony helps attorneys shape trial strategies and anticipate possible arguments.
- Promote Settlement: Clear, sworn testimony often motivates parties to settle before going to trial.
Because testimony is given under oath, witnesses must tell the truth. Your attorney may object to improper questions, such as those that are irrelevant, confusing, or privileged, but you will usually still answer unless instructed otherwise.
What to Expect During the Deposition Process
Before the Deposition
Preparation with Your Attorney:
Your attorney will review the facts of your case, explain the deposition format, discuss potential questions, and advise you on how to answer calmly and effectively.
Document Review:
You may be asked to review medical records, incident reports, photographs, or other documents related to your case to ensure accuracy during testimony.
During the Deposition
1. Swearing In
A court reporter or notary will administer an oath, legally binding you to tell the truth.
2. Opening Statements
Attorneys may briefly outline the purpose of the deposition.
3. Questioning
The opposing attorney typically leads the questioning, covering topics such as:
- Background Information: Name, address, employment, and education.
- Details of the Incident: What happened, when, where, and how.
- Injuries & Impact: Medical treatment, pain, limitations, and how the incident affects daily life and work.
4. Objections
Your attorney may object to specific questions, but you generally must still answer unless told otherwise.
5. Recording
A court reporter transcribes everything. Some depositions may also be video-recorded.
6. Duration
Depositions can last from a few hours to a full day or longer, depending on the complexity of the case.
How to Conduct Yourself During a Deposition
Listen Carefully:
If a question is unclear, ask for clarification. Never guess or speculate.
Keep Answers Simple:
Respond only to what is asked. Short, direct answers help prevent misinterpretation.
Stay Calm & Polite:
A composed demeanor strengthens your credibility, even during challenging questions.
Dress Professionally:
Treat the deposition like a courtroom appearance. Appropriate attire sets the right tone.
Take Your Time:
Pausing before answering helps you think clearly and gives your attorney time to object if needed.
Your Rights During a Deposition
You have several legal protections, including:
- The right to have your attorney present.
- The right to object to improper questions through your attorney.
- The right to review and correct the deposition transcript.
- The ability to seek a protective order if questioning becomes abusive or overly aggressive.
Your attorney may also conduct a mock deposition beforehand to help you feel prepared and confident.
What Happens After a Deposition in a New York Injury Case?
Once the deposition concludes, the case often moves into a more serious phase of settlement negotiations. Both sides have a clearer understanding of the testimony and may:
- Reevaluate their legal strategies
- Participate in a formal settlement conference
- Engage in mediation
- Prepare further for trial if settlement attempts fail
The deposition serves as a foundation for the next steps in the litigation process.
Need Help Preparing for a Deposition?
Depositions can feel stressful and intimidating, especially if you have never participated in one before. You may be unsure of what to expect, how to respond to difficult questions, or how your testimony may affect the outcome of your case. That is why having experienced legal guidance is essential. Our firm is here to walk you through every step of the deposition process, from preparation and document review to understanding your rights and responsibilities while under oath. We help you feel confident, informed, and ready to provide clear and accurate testimony.
Your attorney’s role is to protect your interests, object to improper questioning, and ensure you are treated fairly throughout the process. With the proper preparation and support, you can approach your deposition with calm and confidence.
If you have questions about your upcoming deposition or need professional legal assistance, contact our firm today.
Siler & Ingber Accident & Injury Attorneys
The Law Firm You Can Trust When It Matters Most
📍 Offices: 301 Mineola Blvd., Mineola, NY 11501
📞 Phone: (516) 294-2666
🌐 Website: https://www.nylawnet.com/
📧 Email: ringber@nylawnet.com
Serving clients across New York City and Long Island. No fee unless we win your case.
