A deposition is sworn testimony given in a lawyer’s office or by video, with a court reporter recording every word. If your case goes into a lawsuit, the defense will usually depose you. Under the Texas rules, each side can question a witness for up to six hours.
A deposition is part of discovery under the Texas Rules of Civil Procedure. You answer questions under oath, the same oath you would take in court, and a court reporter makes a transcript. Many depositions are also recorded on video.
Rule 199.5 says the deposition must be conducted as if the testimony were being taken at trial, and it limits each side to six hours of examination of any individual witness, not counting breaks. Most injury plaintiffs’ depositions are shorter than that.
The defense lawyer will ask about your background, your work, the crash, your injuries, your medical treatment, and how your life has changed. They are also looking for inconsistencies with your medical records, your social media, or what you told the insurer. Your lawyer is there to object and protect you.
Preparation is the key. Tell the truth, listen to each question, answer only what is asked, and say so if you do not know or do not remember. Do not guess about speeds, distances, or times.
You will be asked about your medical history before the crash. Defense lawyers look for prior injuries to argue that your current problems are not from the crash. Answering honestly about prior conditions, and explaining how the crash changed things, is far better than having an old record surprise you.
Dress as you would for a serious meeting, bring nothing unless your lawyer asks you to, and do not bring notes or documents you have not reviewed with your lawyer, because what you bring may be requested.
After the deposition, you can usually review the transcript and note corrections within the time the rules allow. Your lawyer will explain that process and whether any corrections are needed.
Your lawyer will also depose the other driver and, in a truck or commercial case, the company’s representatives. Owsley Law Firm meets with clients before every deposition, walks through the likely questions, and charges no fee unless it wins.
A deposition is not a conversation. Even when the defense lawyer is friendly, everything you say is recorded and can be used later. Short, accurate answers protect you. It is also fine to pause before answering, and to ask for a break if you are in pain, since the six-hour limit does not count breaks.
Organizations are deposed through representatives. In a truck or commercial case, the company designates a person to testify on topics the other side lists, such as hiring, training, and safety policies. Under the Texas rules, the six-hour limit applies to each person the organization designates.
Your own deposition is a chance to show the other side who you are. Adjusters and defense lawyers form opinions about how a jury will see you. Clear, honest, consistent testimony about how the crash changed your life often moves a case toward a fair settlement.
You can ask for a question to be repeated or clarified, and you can take breaks. If you realize an answer was wrong, tell your lawyer so it can be corrected on the record.
Your deposition transcript can be used at trial, including to point out differences between what you said then and what you say later. That is why preparation and accuracy matter so much.
Mistakes that cost people money
- Guessing at speeds, distances, or times instead of saying you do not know.
- Volunteering information the question did not ask for.
- Minimizing or exaggerating symptoms.
- Not reviewing your own medical records and prior statements beforehand.
Related questions
Where are depositions held?
Usually at a lawyer’s office or a court reporter’s office, and sometimes by video.
Can my lawyer stop a question?
Your lawyer can object, and in limited situations, such as privilege, can instruct you not to answer.
Will the other driver be deposed?
Usually, yes. Your lawyer questions the other driver and other witnesses under oath.
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