What Is a Deposition? A Plain-English Guide to One of the Most Important Parts of a Lawsuit

Author: Lindsay A. Compton

Date: February 9, 2026 

If you’re involved in a lawsuit, chances are you will hear the word deposition early and often. For many clients, depositions feel intimidating or mysterious, but understanding what they are and why they matter can help you feel more prepared and confident.

What Is a Deposition?
A deposition is a formal, interview-style question-and-answer session that takes place during the discovery phase of a lawsuit. Discovery is the period before trial when each side is allowed to gather information from the other side.

During a deposition:

• The witness is under oath, just like in court;

• The questioning happens outside of the courtroom;

• There is no judge present; and

• A court reporter records everything that is said, so a transcript can be created for use during the course of the litigation.

Since COVID-19, most depositions take place over video conferencing software, like Zoom, but some still happen in a conference room and are attended by the attorneys involved in the case, the witness being deposed, and sometimes, one or both of the parties.


Who Asks the Questions?
Generally, only an attorney asks questions during a deposition. If the party who set the witness’ deposition is represented by a lawyer, the lawyer conducts the questioning.

If a party is pro se (representing themselves), they are permitted to ask questions on their own behalf. However, once a party is represented, the attorney, not the client, handles the questioning.


What Is the Point of a Deposition?
Testimony given under oath can be used to challenge credibility, expose inconsistencies, and limit what a witness can later say in court. A strong deposition can lead to favorable settlements, narrow the issues that must be tried, or even resolve a case entirely. Conversely, poorly handled depositions can weaken a case by revealing damaging facts or locking a witness into harmful testimony. For these reasons, depositions are not just a formality, they are a strategic cornerstone of effective litigation.

Depositions serve several critical purposes in litigation, including:

• Finding out information that may not be available through documents alone;

• Learning how a witness will testify at trial, including demeanor and consistency;

• Strengthening your case by locking in testimony under oath; and/or

• Identifying harmful facts early so your attorney can determine whether settlement is the better option, and/or whether, and how, harmful facts can be addressed or mitigated before trial or whether

In many cases, depositions shape litigation strategy more than almost any other part of the case.


Do You Have to Answer the Questions?
In most situations, yes. Unlike in court, attorneys are generally limited during depositions to making objections “for the record.” Even if your attorney objects, you usually still must answer the question.

The main exception is privilege. You are not required to answer questions that call for:

• Attorney-client privileged communications; and/or

• Other legally privileged information.

It is very rare for a deposition to be stopped entirely. Courts expect depositions to proceed, with disputes resolved later if necessary.


Different Approaches, Same Foundation
Every attorney has a different style and strategy when it comes to depositions, but the fundamentals remain the same.

   When defending a deposition, the focus is typically on:

• Preparing the witness to answer truthfully;

• Preparing the witness to answer only the question pending;

• Preventing unnecessary or damaging testimony; and

• Preserving objections and protecting privileged information.

When prosecuting (taking) a deposition, the goals often include:

• Gathering facts to support claims or defenses;

• Testing credibility and consistency;

• Identifying strengths and weaknesses in the client’s case; and/or

• Identifying strengths and weaknesses in the opposing party’s case.

Final Thoughts
Depositions can feel stressful, but they are a normal, and often critical, part of litigation. Proper preparation and experienced legal guidance can make all the difference in how a deposition impacts your case.

If you have questions about an upcoming deposition or are involved in a lawsuit and want to understand your rights and obligations, contact Compton Law, P.A. at (239) 268-4114 or use the link below to schedule a consultation and discuss your options. We’re here to guide you through every stage of the process and protect your interests along the way.