What Is a Deposition in California? A Complete Guide for First-Timers

What Is a Deposition?

A deposition is a meeting where lawyers ask you questions under oath. It happens before your casegoes to trial. Think of it as practice for court, but in a more relaxed setting.

During a deposition, everything you say is recorded. A court reporter writes down every word.Sometimes there's also a video camera.

Why Do Depositions Happen?

Lawyers use depositions to learn facts about your case. They want to know what you saw, heard, orexperienced. This helps them prepare for trial or decide if they should settle the case.

Depositions serve several purposes:

Gathering information and evidence

Testing how witnesses will perform in court

Preserving testimony in case someone can't come to trial

Helping lawyers understand the strength of their case

Who Attends a California Deposition?

Several people will be at your deposition:

The Court Reporter

This person writes down everything that's said. They use a special machine to type very fast. They alsoswear you in before you start answering questions.

Your Lawyer

If you have a lawyer, they will be there to help you. They can object to unfair questions. They can alsoask you questions at the end.

The Other Side's Lawyer

This is usually the person asking most of the questions. They represent the other party in your case.

You (The Deponent)

You're the person giving testimony. You'll answer questions about what you know.

Other Parties

Sometimes other people involved in the case attend. They usually just listen and take notes.

7 Things You Need to Know About California Depositions

1. You Must Tell the Truth

You're under oath during a deposition. This means you must tell the truth. Lying under oath is perjury,which is a crime in California.

If you don't know something, it's okay to say "I don't know." If you don't remember, say "I don'tremember." These are honest answers.

2. Take Your Time

You don't have to rush your answers. Think before you speak. It's okay to pause and consider thequestion.

If you don't understand a question, ask the lawyer to repeat it or explain it differently.

3. Only Answer What's Asked

Answer the question, but don't give extra information. If they ask "What color was the car?" just saythe color. Don't explain why you noticed the color or what happened next.

4. You Can Take Breaks

Depositions can last several hours. You can ask for breaks to use the bathroom, get water, or just rest.Most lawyers are understanding about this.

5. Dress Professionally

While depositions are less formal than court, you should still dress nicely. Business casual is usuallyappropriate. Avoid shorts, flip-flops, or clothing with writing on it.

6. Bring Required Documents

Sometimes lawyers ask you to bring papers or photos to the deposition. Make sure you bringeverything they requested. If you can't find something, tell your lawyer ahead of time.

7. Your Words Can Be Used Later

Remember that everything you say might be read in court later. The other side's lawyer might use yourwords to help their case.

Common Types of Depositions in California

Fact Witness Depositions

This is when you saw or experienced something related to the case. You're not an expert - you're justtelling what you know.

Expert Witness Depositions

These happen when someone with special knowledge gives opinions about the case. For example, adoctor might explain medical issues.

Party Depositions

When someone directly involved in the lawsuit gives testimony. This might be the plaintiff ordefendant.

What Questions Might They Ask?

Deposition questions vary by case type, but here are common examples:

Personal Injury Cases:

What happened on the day of the accident?

Where were you going?

What did you see?

How fast were you driving?

Are you taking any medications?

Business Disputes:

What is your job title?

Who do you report to?

What emails did you send about this issue?

When did you first learn about the problem?

Family Law Cases:

What is your monthly income?

How do you spend time with your children?

What are your living arrangements?

How to Prepare for Your California Deposition

Meet with Your Lawyer First

If you have a lawyer, meet with them before the deposition. They'll explain what to expect and reviewkey facts with you.

Review Important Documents

Look at papers related to your case. This might include contracts, emails, photos, or medical records.Refresh your memory about important dates and events.

Get a Good Night's Sleep

Depositions can be tiring. Make sure you're well-rested so you can think clearly.

Plan to Arrive Early

Know where the deposition is happening. Plan to arrive 15 minutes early. This gives you time to relaxand meet with your lawyer.

Deposition Rules in California

California has specific rules about depositions:

Time Limits

Most depositions can't last more than seven hours in one day. Complex cases might get extensions.

Location

Depositions usually happen at a lawyer's office or a court reporter's office. Sometimes they're held byvideo conference.

Recording

The court reporter always makes a written record. Video recording needs agreement from all parties ora court order.

Objections

Your lawyer can object to improper questions. You usually still have to answer unless your lawyer tellsyou not to.

What Happens After Your Deposition?

The Transcript

The court reporter creates a written copy of everything said. You might get a chance to review andcorrect any mistakes.

How It's Used

Lawyers use deposition testimony to prepare for trial. They might read parts of your deposition in courtif the case goes to trial.

Settlement Discussions

Sometimes depositions help parties reach a settlement. When everyone knows the facts, they canmake better decisions about resolving the case.

Common Deposition Mistakes to Avoid

Don't Guess

If you're not sure about something, don't guess. Say "I don't know" or "I'm not certain."

Don't Argue

Stay calm even if the questions seem unfair. Let your lawyer handle objections.

Don't Volunteer Information

Answer only what's asked. Don't tell long stories or give background information unless requested.

Don't Bring Unprepared Documents

Only bring documents you've reviewed with your lawyer. Surprise documents can cause problems.

Your Rights During a California Deposition

You have important rights during depositions:

The right to have your lawyer present

The right to object to improper questions

The right to take reasonable breaks

The right to review and correct the transcript

The right to end the deposition if it goes too long

When You Might Need a Lawyer

While you can attend a deposition without a lawyer, it's usually not a good idea. Consider getting legalhelp if:

You're a party to the lawsuit

The case involves a lot of money

You're worried about saying something wrong

The other side has aggressive lawyers

You don't understand the legal issues

What If You Can't Attend?

Sometimes people can't make their scheduled deposition. Valid reasons include:

Serious illness

Family emergencies

Pre-planned vacations (if you tell them early)

Work obligations that can't be changed

If you can't attend, contact your lawyer right away. They can try to reschedule.

Deposition Costs in California

Usually, the party requesting the deposition pays for:

The court reporter

The meeting room

Video recording (if used)

Transcript copies

You might have to pay for your own lawyer's time and travel expenses.

Getting Help with Your California Deposition

Facing a deposition can feel overwhelming. But remember - most depositions are just conversationswhere you tell the truth about what you know.

If you have questions about an upcoming deposition, contact our California law firm. We help clientsprepare for depositions every day. We know what to expect and how to protect your interests.

Don't go into a deposition unprepared. Call us today for a consultation. We'll explain your rights andhelp you feel confident about the process.

Remember: Every case is different. The information in this post is general guidance. For advice aboutyour specific situation, always consult with a qualified California attorney.

This blog post provides general information about depositions in California. It is not legal advice. Lawscan change, and every situation is unique. Please consult with a qualified attorney for advice aboutyour specific circumstances.