A deposition is part of the discovery process. It’s a formal session where the defendant’s attorney will ask you questions under oath, and a court reporter will make a record of everything said.

Don’t worry—you will not be alone. I will be there with you, and we will prepare together. About a week or two before your deposition, I’ll schedule a conference with you to review the process and answer any questions. The Core Rules If you remember nothing else, remember these:

  1. Tell the truth. Always. Even small exaggerations can hurt your case. Be sure to review your Interrogatory responses to avoid any inconsistency.
  2. Listen carefully. Make sure you hear and understand the question. If you don’t, ask the attorney to repeat or rephrase.
  3. Answer only the question asked, then stop talking. This is harder than it sounds. Don’t explain, speculate, or try to help the defense attorney. Short, truthful answers are best.
  4. Don’t guess. If you don’t know the answer, say “I don’t know.” If you don’t remember, say “I don’t recall.” These answers are safe and honest. Guessing can create problems later.

What to Keep in Mind

  • The defense attorney is sizing you up. They want to know whether a jury will like and believe you. After the deposition, they will write a report to the insurance company. You want that report saying you are likeable, credible, and sympathetic. Be polite, thoughtful, and respectful at all times.
  • You cannot win your case at a deposition. But you can hurt your case if you argue, volunteer information, or try to outsmart the attorney. Keep calm and stick to the rules above.
  • Expect some irrelevant questions. The defense attorney is allowed to ask questions that may feel pointless. If they cross the line, I will step in—but that’s rare. Be patient, answer, and move on.
  • I may object. If I do, it’s to protect your rights and preserve issues for the judge. Don’t let it distract you. Unless I specifically instruct you not to answer (which almost never happens), you may answer after my objection.

Bottom Line

If you are truthful, calm, polite, and concise, you will do very well. I’ll be at your side the entire time. If you have questions about your deposition or any part of your case, call me directly at 804-464-7719 or schedule a call here.

Thank you for choosing Merrick Brock!

John A. Merrick