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:
- Background: your education, jobs, where you have lived.
- 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.
- The accident: where you were going, speed, weather, lighting, what you saw and heard, what anyone said afterward.
- Your injuries and treatment: every doctor, therapy, test and surgery.
- 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
- Tell the truth. Every answer is under oath.
- Listen to the whole question. Pause before you answer.
- Answer only the question asked. Don't volunteer extra stories.
- "I don't know" and "I don't remember" are real answers when they are true. Don't guess at distances, speeds or times.
- Ask for a question to be repeated if you don't understand it.
- Speak out loud. The reporter can't record a nod.
- Don't exaggerate or minimize your injuries. Defense lawyers compare your answers to your medical records and, often, your social media.
- Mention all prior injuries you were asked about. Forgetting one looks worse than having one.
- Don't argue with the other lawyer. Stay calm and polite.
- 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.


