For many survivors of crime, the legal process can feel like a second ordeal. You have already been through something traumatic. With a deposition, you are being asked to relive those events in a formal setting.
Knowing what to expect during a deposition can make the experience less scary and stressful. With some preparation, you can regain a sense of control after being a survivor of a criminal act.
What Is a Deposition?
A deposition is a formal interview conducted before trial. This is part of the discovery phase to collect evidence. You will be asked questions under oath. All those answers will be recorded by a court reporter.
Depositions are held in a law office, not a courtroom. There is no judge present. The session is attended by the attorneys, you as the witness, and the court reporter. Sometimes, the opposing party may attend, but they often do not speak.
The purpose of a deposition is not to catch you off guard. This documents your version of events and creates an accurate record. Unfortunately, it can still feel uncomfortable, especially when you are asked to revisit traumatic memories.
Who Will Be in the Room?
It helps to know who you might see during the process:
- Your attorney: This is your advocate and guide. They will prepare you beforehand, protect your rights, and object if a question is unfair or inappropriate.
- The opposing attorney: This person will ask most of the questions. Their goal is to clarify facts, and sometimes they may test your memory or credibility.
- The court reporter: They record every word that is spoken, so it is important to speak clearly and take your time.
- You, the witness: You are there to share your truth in your own words.
- Possibly, the defendant: In some cases, the person you have accused or sued may be present. If that makes you uncomfortable, let your attorney know ahead of time. There may be ways to limit contact or request accommodations.
What Types of Questions You Might Be Asked
The questions depend on the nature of the case. If your deposition is part of a civil lawsuit, such as one involving assault or negligence, you can expect questions about:
- What happened, when, and where
- Your physical and emotional injuries
- Any medical treatment, therapy, or time off work
- How the event has affected your daily life
The opposing attorney may ask difficult questions, but they must remain professional. Your attorney will be there to object or pause the questioning if anything becomes improper.
How Do You Prepare Emotionally?
Talking about trauma in a structured setting can be exhausting. You may feel anxious, angry, or numb.
These reactions are normal. A few steps can help you prepare emotionally:
- Meet with your attorney before the deposition: They will explain the process and review possible questions, so you feel less uncertain.
- Bring a support person: You may be allowed to have a victim advocate, friend, or counselor. They might not be in the room but can wait close by for emotional support.
- Take breaks when needed: You can stop at any time to speak privately with your attorney or simply collect yourself.
- Plan recovery time afterward: Schedule something gentle for later in the day, such as a therapy appointment, quiet rest, or time with someone who makes you feel safe.
Your Rights During the Deposition
You have legal rights and protections during the process. It is important to remember that:
- You do not have to answer inappropriate or irrelevant questions.
- You can ask for clarification if you do not understand something.
- You can take as much time as you need to answer.
- You can correct yourself if you realize you misspoke.
- You can request reasonable accommodations, such as extra breaks or a remote appearance, if being in the same room as the defendant is too distressing.
What Happens After the Deposition
When the deposition ends, the court reporter will prepare a written transcript. You may have the opportunity to review it and confirm its accuracy. After that, your testimony might be used in court or during settlement discussions.
How Your Attorney Helps
Your lawyer does more than handle the legal aspects. They are there to protect you as a person, not just as a witness. Your lawyer will:
- Prepare you thoroughly for questioning
- Intervene if the opposing attorney becomes too aggressive
- Help you stay focused and calm when emotions run high
- Make sure you always understand what is happening and why
If something feels uncomfortable, speak up. Your legal advisor is there to protect your well-being as much as your legal rights.
You Are Still in Control
Even though a deposition can feel intimidating, you are still in control of your voice, your words, and your pace. This process is about truth and accountability, not intimidation. Remember that participating in a deposition is another step toward justice and closure.
At Laffey Bucci D’Andrea Reich & Ryan, we have helped many crime victims throughout this process.
When you need a compassionate legal advocate, we are right by your side.