A deposition is testimony you give under oath, outside the courtroom, answered to the other side’s attorney and recorded word for word by a court reporter. You prepare by reviewing your own records and timeline beforehand, and your own attorney goes over the process with you and sits beside you when it happens.
What Does Deposition Mean in Court?
A deposition is testimony you give under oath, outside the courtroom, in response to questions from the other side’s attorney, with a court reporter present to record everything that is said. In a car accident case, this usually means sitting down with the insurance company’s defense attorney while your own attorney sits beside you the whole time. The deposition is part of discovery, the process where both sides gather information before trial, and California law allows a party to take the oral deposition of another party or witness for this purpose.
Nothing about a deposition happens in front of a judge or jury. The court reporter who records the proceeding places you under oath before the questioning begins, and everything you say becomes part of a written transcript that either side can refer back to later in the case.
How Long Does a Deposition Last?
Under California Code of Civil Procedure section 2025.290, a deposition is generally limited to seven hours of total testimony, not counting breaks. The court must allow more time than that if it is needed to fairly question you, or if something during the deposition itself slows things down or gets in the way of the examination.
The parties can also agree, by stipulation, that the seven-hour limit will not apply to a particular deposition or to the case as a whole, so the clock you expect is not always the clock you get. And even when a deposition otherwise fits within these rules, the court keeps full authority to issue a protective order limiting it further, to guard against unwarranted annoyance, embarrassment, oppression, or undue burden on anyone involved.
Is seven hours really the limit in your case?
That number can change by agreement between the parties, or by court order, before your deposition ever starts.
What Happens During a Deposition?
A deposition day starts with the court reporter placing you under oath, after which the other side’s attorney asks questions and you answer them out loud, with your own attorney seated next to you the entire time. There is no judge in the room, and no jury, and the setting is usually an attorney’s office or a remote video call rather than a courthouse.
The court reporter types a word-for-word transcript of every question and every answer, and that transcript can later be read into the record or used at trial. Under Code of Civil Procedure section 2025.520, once that transcript is ready you are notified, and for 30 days after that notice you may read it and change the form or substance of any answer; if that 30-day window passes without action, the transcript is treated as though you approved it. You will get breaks during the day, and your attorney can also ask to go off the record to talk with you if something comes up that needs to be sorted out away from the transcript. How long the day actually runs depends on how much ground the other side’s attorney needs to cover, within the time limits described above.
How Do I Prepare for a Deposition?
The most useful preparation is reviewing your own records and your own timeline of what happened, so your memory of dates, injuries, and treatment is fresh before you are asked about them. Read back through your medical records, the police report if one was taken, and your own notes about the car accident, so you are not caught trying to recall details cold. During the deposition itself, answer only the question that was actually asked, and stop talking once you have answered it.
If you do not know or do not remember something, saying so is a complete and honest answer. Do not guess or fill in a gap just to be helpful, because a guess stated as fact can create a problem later that an honest “I don’t know” never would. An estimate is different from a guess: if you genuinely remember roughly how fast, how far, or how long, you can say so as an estimate and label it as one. If a question is confusing or you did not hear it clearly, you can and should ask to have it repeated or rephrased before you answer it.
Your own attorney prepares you for the deposition before it happens, walking through what to expect and how to answer, and then sits with you for the entire deposition. You are never in that room alone. If a question is improper, your attorney can object on the record. An objection usually does not end the question, so you will normally still answer it with the objection noted; if your attorney instructs you not to answer, follow that instruction, and otherwise answer. That is why you can rely on their guidance in the moment rather than judging every question’s fairness yourself.
Frequently Asked Questions
What does deposition mean in court?
A deposition is testimony given under oath outside the courtroom, where the other side’s attorney asks you questions and a court reporter records everything you say. It is part of discovery, the process where both sides gather information before trial, and it does not take place in front of a judge or jury. Your own attorney sits with you throughout.
What should you not do during a deposition?
The main thing to avoid is guessing or filling in an answer you are not actually sure of, since a guess stated as fact can create problems later that an honest “I don’t know” or “I don’t remember” would not. You should also avoid answering more than the question that was actually asked, and avoid moving past a question you did not fully understand, since you can always ask to have it repeated. Your attorney is there specifically to step in if a question is improper.
How long after a deposition will they settle?
There is no set timeline for what happens after a deposition, because it depends on the specific facts and circumstances of the case. A deposition is one step within discovery, not the end of the case, and what happens afterward varies from case to case. Your own attorney can speak to the status of your particular case.
If you have a deposition coming up in your car accident case, talking it through with your own attorney beforehand is normal and expected, not a sign that anything is wrong. We work on a contingency basis: no fee unless we win, and no case costs charged if there is no recovery. Call 310-600-7881 for a free case review, or send us the details and we will call you back.
