WHAT TO EXPECT AT YOUR DEPOSITION

If you are involved in a personal injury lawsuit or another civil case, you may be required to give testimony at a deposition.

For many clients, this is an unfamiliar and sometimes intimidating experience. At Cusack & Gilfillan, LLC, we believe preparation and a clear understanding of the process can help you approach your deposition with confidence.

What Is a Deposition?

A deposition is a formal question-and-answer session conducted under oath as part of the legal process.

During a deposition, an attorney will ask questions about matters relevant to the lawsuit. A court reporter records the testimony, and the proceeding may also be videotaped.

Depositions may take place in an attorney’s office, another agreed location, or remotely through video conferencing.

Although a judge is generally not present, the testimony is given under oath and must be truthful.

Why Are Depositions Taken?

Depositions allow attorneys to learn about the facts of a case, evaluate the testimony of witnesses, and identify issues that may be important during litigation.

In a personal injury case, deposition questions frequently concern:

• How the accident or incident occurred.
• The injuries sustained.
• Medical treatment and recovery.
• Prior injuries or relevant medical conditions.
• Employment history and lost income.
• How the injuries have affected daily activities and quality of life.

A deposition is also an opportunity for the opposing attorney to evaluate how a witness recalls and explains important events.

How Should I Prepare?

Your attorney will meet with you before the deposition to explain the process, review relevant information, and discuss the types of questions you may be asked.

You should review the facts of your case carefully, but there is no need to memorize answers or rehearse a particular version of events.

The most important preparation is to understand the facts you actually remember and to be prepared to testify truthfully.

Important Guidelines for Giving Deposition Testimony

1. Always tell the truth. Your obligation is to provide accurate testimony, even when you believe an answer may not help your case.

2. Listen carefully. Allow the attorney to finish the question before responding. Make sure you understand what is being asked.

3. Answer the question asked. Provide a complete and truthful answer without volunteering unrelated information.

4. Do not guess. If you do not know or remember something, say so. Estimates should be identified as estimates rather than stated as exact facts.

5. Ask for clarification. If a question is confusing or unclear, ask the attorney to explain or rephrase it.

6. Speak clearly. Give verbal answers rather than nodding or shaking your head so the court reporter can accurately record your testimony.

7. Remain calm and respectful. Do not argue with opposing counsel, even if you disagree with a question or its premise.

8. Correct mistakes. If you realize that an earlier answer was inaccurate or incomplete, promptly explain the correction.

9. Do not minimize or exaggerate your injuries. Describe your medical condition, limitations, and recovery as accurately as possible.

10. Follow your attorney’s instructions. Your attorney may object to questions or address other procedural matters during the deposition.

Will My Deposition Be Used at Trial?

Illinois law distinguishes between discovery depositions and evidence depositions.

Discovery depositions are primarily intended to obtain information and evaluate testimony. They may be used at trial for certain purposes, including impeachment, admissions, and other uses permitted by Illinois Supreme Court Rule 212.

Evidence depositions are generally taken to preserve testimony for use at trial, subject to the applicable rules.

Your attorney will explain the type of deposition being conducted and how your testimony may be used.

What Should I Wear?

Wear clean, comfortable, professional clothing appropriate for an office or court-related proceeding.

Formal business attire is generally unnecessary unless your attorney recommends otherwise.

Will My Attorney Be Present?

When our client is being deposed in a matter we are handling, one of our attorneys will ordinarily attend, either in person or remotely, to protect the client’s interests and address appropriate objections.

We also prepare our clients beforehand so they understand the process and know what to expect.

Experienced Representation Through Every Stage of Litigation

At Cusack & Gilfillan, LLC, we have extensive experience taking and defending depositions in civil litigation.

Our attorneys understand that thorough preparation, honest testimony, and attention to detail are essential to building and presenting a case.

We guide our clients through the litigation process, explain what is happening, and work to ensure they are properly prepared for each stage of their case.

For additional information, contact Cusack & Gilfillan, LLC at (309) 637-5282.