A deposition is sworn testimony given outside the courtroom, before trial. In a New Jersey injury lawsuit, the lawyer for the other side asks you questions, a court reporter writes down every word, and your answers can later be read to a jury. It sounds intimidating. Most of the time it is a long, careful conversation, and preparation makes all the difference.

The short version

  • A deposition is testimony under oath, taken during the discovery phase of a lawsuit (N.J. Court Rule 4:14).
  • It usually happens in a law office or by video, not in a courtroom, and no judge is present.
  • Your own lawyer sits with you the whole time and can object.
  • The transcript can be used at trial, including to point out differences between what you said then and what you say later (R. 4:16-1).

Where a deposition fits in the lawsuit

After a lawsuit is filed, both sides exchange information. That stage is called discovery. It usually starts with written questions, called interrogatories, and document requests. Depositions usually come next. In a car crash or fall case, the injured person, the other driver or property owner, and sometimes witnesses and doctors are all deposed. For the bigger picture, see the steps in a personal injury lawsuit.

Who is in the room

  • You, the person answering questions (the "deponent").
  • Your lawyer, who prepares you beforehand and protects you during it.
  • The defense lawyer, usually hired by the insurance company, who asks most of the questions.
  • A court reporter, who swears you in and records everything. Depositions can also be videotaped (R. 4:14-9).
  • Lawyers for other parties in the case, if there are any.

What they will ask

Expect questions in roughly this order:

  1. Background: your education, jobs, where you have lived.
  2. Medical history: prior injuries, prior accidents, earlier treatment for the same body part. This is where many cases are won or lost, because the defense will look for a pre-existing condition to blame.
  3. The accident: where you were going, speed, weather, lighting, what you saw and heard, what anyone said afterward.
  4. Your injuries and treatment: every doctor, therapy, test and surgery.
  5. How your life has changed: work you have missed, activities you can't do, help you need at home.

The rules of the road

Objections at a deposition are limited. Under R. 4:14-3(c), lawyers state objections briefly and, in most situations, the witness still answers. A lawyer can tell you not to answer mainly to protect a privilege, such as what you and your lawyer discussed. That is why your preparation session matters so much: in the room, you are answering on your own.

Ten habits that protect your case

  1. Tell the truth. Every answer is under oath.
  2. Listen to the whole question. Pause before you answer.
  3. Answer only the question asked. Don't volunteer extra stories.
  4. "I don't know" and "I don't remember" are real answers when they are true. Don't guess at distances, speeds or times.
  5. Ask for a question to be repeated if you don't understand it.
  6. Speak out loud. The reporter can't record a nod.
  7. Don't exaggerate or minimize your injuries. Defense lawyers compare your answers to your medical records and, often, your social media.
  8. Mention all prior injuries you were asked about. Forgetting one looks worse than having one.
  9. Don't argue with the other lawyer. Stay calm and polite.
  10. Take breaks when you need them, though not while a question is waiting for an answer.

How long does it take?

Many injury-case depositions last two to four hours. Complex cases with serious injuries or long medical histories can take a full day.

What happens afterward

The court reporter prepares a written transcript. You will usually be given a chance to review it for transcription errors. Both sides use it to judge how strong the case is, and a clear, credible deposition often moves the insurance company toward a fair settlement or mediation.

Depositions of doctors and experts

Doctors are often deposed too. In New Jersey, a treating physician's testimony is sometimes recorded on video before trial and played to the jury, so the doctor doesn't have to leave their practice for a day in court.

This article explains general New Jersey practice and is not legal advice for your situation. If you have a deposition coming up and no lawyer, talk to one before the date.