Last Updated: February 2026 | Reading Time: 8 minutes

Facing a deposition can be one of the most stressful aspects of the legal process. Unlike courtroom testimony, depositions occur in less formal settings, but make no mistake—they are just as important to your case. The opposing attorney will use your deposition not only to gather information but also to evaluate what kind of witness you'll be at trial.

The better you perform at your deposition, the more likely your case will settle on favorable terms. This comprehensive guide provides 15 critical tips to help you navigate your deposition with confidence and protect your interests.

1. Dress Appropriately and Make a Professional Impression

Your deposition is an opportunity for opposing counsel to assess what kind of witness you will be at trial. First impressions matter significantly in legal proceedings.

Key Action: Dress as you would for a court appearance. Speak clearly, maintain eye contact with the opposing attorney when answering questions, avoid fidgeting, and remain calm throughout the process.

2. Review Important Documents Beforehand

Preparation is essential, but it must be strategic. Before your deposition, review any documents you might be questioned about. However, coordination with your attorney is critical.

Important: Do not bring any documents to the deposition unless you have specifically discussed them with your attorney and received explicit instructions to bring them. If opposing counsel wants to ask about documents produced during discovery, it's their responsibility to provide those documents at the deposition.

3. Listen Carefully to Opening Instructions

The opposing attorney will provide important directions at the start of your deposition. Pay close attention to these instructions, as they establish the ground rules for the proceeding.

One of the most valuable instructions you'll receive: You have the right to confer with your attorney before answering any question. Don't hesitate to exercise this right when needed.

4. Never Anticipate Questions

Attorneys typically formulate their next question based on your answer to the previous one. When you provide information based on what you think the next question will be, you're doing the opposing attorney's job for them.

Warning: Anticipating questions can open up lines of inquiry the opposing attorney wouldn't have considered otherwise. Answer only what is asked.

5. Pause Before Answering

Resist the urge to answer immediately. Wait one to two seconds before responding to any question. This brief pause serves two critical purposes:

• It gives you a moment to consider your answer in light of all the guidance you've received
• It allows your attorney time to object to the question if there's a legitimate reason to do so

If you answer before your attorney can object, not only is the objection too late, but your premature answer may lead to additional questions the opposing attorney wouldn't have thought to ask.

6. Provide Only the Information Necessary

Answer each question with the minimum information needed to provide a truthful response. Do not volunteer additional information beyond what's asked.

Golden Rule: If you can answer with a simple "yes" or "no," do so. What you don't say rarely comes back to haunt you.

7. Don't Explain Short Answers That Sound Bad

Many witnesses feel compelled to provide detailed explanations when they think their short answer sounds unfavorable. Resist this urge. The short answer rarely sounds as bad to others in the room as it does to you.

If the opposing attorney wants more information, they will ask another question, allowing you to provide another short, specific response rather than a long, general explanation that could create problems.

8. Trust Your Attorney's Strategy

If opposing counsel doesn't follow up on a question, your attorney already knows your full explanation. If clarification is needed, your attorney can:

• Ask appropriate follow-up questions during cross-examination at the deposition
• Make a strategic decision to wait and seek explanation at trial
• Discuss unexpected issues with you after the deposition to prepare for trial testimony

9. Beware of "The Long Silence" Tactic

A common strategy opposing attorneys use is to ask a question, listen to your answer, then sit quietly and look at you for several seconds. This uncomfortable silence seems much longer than it actually is.

Tactic Alert: Most people have a natural inclination to fill silence by adding to their answer. The opposing attorney is counting on this. Fight this urge. After a short time, the silence becomes more uncomfortable for them than for you.

10. Never Argue With Opposing Counsel

Getting into an argument with the opposing attorney during your deposition is a battle you cannot win. While most attorneys prefer to keep witnesses at ease to gather more information, some use confrontational tactics.

If opposing counsel tries to provoke an argument, don't take the bait. Arguing with the other attorney is your lawyer's job, not yours. If your attorney doesn't respond in kind, it doesn't mean they're not doing their job—it means they're choosing to fight the battle at a time and place of their choosing, not the opponent's.

11. Ask for Clarification When Needed

Never guess at what a question means. If you don't understand the question, aren't sure what the opposing attorney is asking for, or didn't hear the question correctly, say so immediately and ask them to repeat or rephrase the question.

12. "I Don't Know" and "I Don't Remember" Are Perfect Answers

Never guess at answers. "I don't know" or "I don't remember" are not just acceptable answers—they are often the best answers you can give.

Remember: The incident that led to your lawsuit likely happened months or even years before your deposition. Although opposing counsel may suggest you should remember every detail, nobody reasonably expects perfect recall. If you guess wrong and later realize your mistake, the opposing attorney can use your deposition testimony to question your credibility at trial.

If you don't know or don't remember at the deposition and say so, you can later explain new information or recovered memories at trial without the attorney implying you were dishonest at either proceeding.

13. Handle Memory "Refreshers" Carefully

The opposing attorney may try to refresh your memory by telling you what someone else said in their deposition. If your attorney doesn't object, you can feel confident that person actually made that statement.

However, you are not required to accept that person's version of events. If their statement jogs your memory, fine. If it doesn't refresh your recollection, answer accordingly and honestly.

14. Request Breaks When Needed

If a question triggers a memory of something you had completely forgotten and never discussed with your attorney, ask for a break immediately. The opposing attorney should inform you at the beginning that you can request a break at any time.

Don't be reluctant to ask for breaks for personal comfort either. Your sole job during the deposition is to concentrate on the questions and your answers. If you need water, need to use the restroom, or simply want to stretch for five minutes, tell your attorney you'd like a short break.

15. Avoid Distractions at All Costs

Maintaining focus throughout your deposition is crucial. Physical discomfort, fatigue, or personal needs can significantly impact your ability to provide clear, accurate testimony. Taking care of yourself during the deposition isn't a sign of weakness—it's a strategic necessity.

Final Thoughts

These guidelines aren't designed to cause you anxiety—they're meant to prevent it. Like most of life's endeavors, depositions are much easier when you understand the rules before you start.

If a settlement cannot be reached before trial, your deposition may be the most important step in your case. The testimony you provide and the impression you make can significantly influence whether your case settles favorably or proceeds to trial. By following these 15 essential tips, you'll be well-prepared to handle your deposition with confidence and protect your legal interests.

Remember: Your cooperation is required by law, but that doesn't mean you should go out of your way to help the opposing attorney build their case. Answer truthfully, answer concisely, and let your attorney guide you through the process.

About the Author

Edgar Davison is the owner of Davison Law Firm and serves as General Counsel for Baxter Bailey & Associates, specializing in transportation law, freight charge litigation, and debt collection. Licensed in Tennessee, Mississippi, and Arkansas, Edgar represents motor carriers and transportation companies in commercial litigation nationwide. For expert legal guidance in transportation law, contact Davison Law Firm at (901) 230-7749 or visit e[email protected]