What Is a Deposition? And How To Handle It?

A serious injury changes everything in an instant. Medical bills accumulate, income disappears, and suddenly, you are inside a legal process that most people have never experienced before. One of the most misunderstood steps in that process is: what’s a deposition? Most injured people have never heard the term until they are already in the middle of a lawsuit.

At Goldblatt + Singer, our attorneys can guide you through every stage of the process, explain what to expect, and make sure you are fully prepared before you ever sit across from opposing counsel. Understanding what a deposition is before that day arrives can make a real difference in your case.

Contact a Goldblatt + Singer St. Louis Personal Injury Lawyer Today

Free case consultation call us at (314) 936-3434

Understanding the Careful Process of a Lawsuit

Filing a personal injury lawsuit sets a formal legal process in motion. Before either side ever stands before a judge, the case goes through a phase called discovery. Discovery is the structured exchange of information between the parties, and it exists to ensure that both sides have access to the same facts before trial. During discovery, attorneys can gather evidence, review records, and take sworn statements from witnesses and parties.

Discovery tools include written questions known as interrogatories, requests for documents, and requests for admissions. Each is designed to pull facts into the open before the trial begins. Depositions play a central role in this process because they allow attorneys to hear testimony in real time, ask follow-up questions, and preserve a witness’s account months or even years before the case reaches a jury. That account becomes part of the official record, which both sides rely on as the case moves forward.

What Is a Deposition?

Many injury victims find themselves asking what a deposition is for the first time after their case has already been filed. A deposition is sworn, out-of-court testimony given by a witness or party in a civil lawsuit. It is recorded by a certified court reporter, and in Missouri, it can also be videotaped. The person giving testimony is called the deponent. Both sides’ attorneys are present, and the deponent answers questions under oath, just as they would on a witness stand at trial.

Under Missouri Revised Statutes §492.080, any party to a pending lawsuit may obtain the deposition of any witness for conditional use in the litigation. That statutory authority is important: it means testimony captured during a deposition is not just background information. Under Missouri Revised Statutes §492.400, a properly taken deposition may be read and used as evidence at trial as if the witness were present and testifying in open court.

Purpose of a Deposition

Depositions serve several distinct purposes in personal injury litigation. First, they allow attorneys to preserve testimony, as witnesses move, memories fade, and circumstances change. A deposition captures what a witness knows at a specific point in time and keeps that account as part of the official record.

Second, depositions reveal the strength or weakness of the opposing case. When defense attorneys depose an injured plaintiff, they are probing for inconsistencies, gaps in medical treatment, or statements that could limit damages. When deposing a defendant or their witnesses, the goal is to gather facts and examine the evidence from every angle.

Third, deposition testimony can be used at trial to cross-examine a witness who changes their story. A statement made under oath in a deposition cannot be quietly revised later. This is why what you say during a deposition carries real, lasting legal weight, and why thorough preparation before that day matters as much as anything else in the litigation process.

Typical Deposition Process

Most depositions follow a predictable structure. Knowing what to expect can reduce anxiety and help deponents stay focused.

This is how the process generally unfolds:

• Scheduling and notice: Your attorney receives formal notice of the deposition date, time, and location. In most cases, depositions take place at a law office, though other locations are possible.
• Swearing in: A certified court reporter administers the oath to the deponent before any questions are asked. From that moment forward, every answer carries the same legal weight as courtroom testimony.
• Opening background questions: The deposing attorney begins with general questions about the deponent’s background, employment, and prior legal experience. These establish a baseline before moving to case-specific facts.
• Case-specific questions: The examination shifts to the incident itself, the injuries sustained, medical treatment received, and the impact on the deponent’s daily life. This is the core of the deposition.
• Attorney objections: Your attorney may raise objections to specific questions. Even when an objection is noted, the deponent may still be required to answer. The objection preserves the issue for the judge to rule on later.
• Transcript Review: After the court reporter produces a written transcript, Missouri law allows the deponent to review it and note any corrections in writing before it becomes part of the official record.

Each stage of the process has a specific purpose, and understanding what is happening at every step can make it far less intimidating than it may seem from the outside.

Helpful Tips to Handle a Deposition

A deposition is not a casual conversation; it is a formal legal proceeding, and every answer becomes part of the record. These tips will help you approach the process with clarity and confidence:

• Tell the truth: Your testimony is under oath. Honest answers, even imperfect ones, are always better than statements that contradict medical records or prior accounts. Inconsistencies, however small, can be used against you.
• Listen to the full question before answering: Do not anticipate where a question is going. Wait until the attorney finishes, take a breath, and answer only what was asked.
• Answer the question asked, nothing more: Volunteering additional information beyond the specific question introduces facts the opposing attorney can use. Answer directly and stop.
• Say so when you do not know or do not remember: “I do not recall” is a complete and legally acceptable answer. Guessing to fill a silence creates a problem that did not exist.
• Ask for clarification when needed: If a question is confusing or uses terminology you do not understand, ask the attorney to rephrase it. You are entitled to understand what you are being asked before you answer.
• Pause before answering: A brief pause gives your attorney time to raise an objection if one is appropriate. It also gives you a moment to collect your thoughts and respond clearly.
• Prepare with your attorney beforehand: Review the facts of your case, your medical timeline, and the sequence of events before the deposition date. Going in informed and prepared can make a difference on the day.

Call Our Personal Injury Lawyers in Missouri

Facing a deposition without legal guidance is a risk no injured person should take. Our team of personal injury lawyers at Goldblatt + Singer helps injured clients navigate every stage of the legal process, from the first consultation to the final resolution. For anyone asking: “What’s a deposition?” or looking for representation for a personal injury claim, you can contact us today at (314) 231-4100 for a free consultation.

Jeffrey Singer

Jeff Singer, Managing Partner at Goldblatt + Singer for over a decade, is a seasoned personal injury attorney known for his compassionate yet tough advocacy. He has resolved hundreds of cases and recovered millions for clients. Recognized as a Missouri Super Lawyer and Top 100 National Trial Lawyer, Jeff also serves on the Missouri Bar’s Chief Disciplinary Committee and the Board of Governors for the Missouri Association of Trial Attorneys.

Free case consultation call us at (314) 936-3434