Depositions in car accident cases: what they are and what to expect

What a deposition is#

A deposition is part of discoveryDiscovery. The stage of a lawsuit in which each side must share documents and answer questions under oath. Glossary, the stage of a lawsuit in which each side gathers evidence from the other. A witness, called the deponent, answers questions under oath, just as in court, but no judge or jury is present. Lawyers for each side can ask questions, and the testimony is recorded. In federal court that means audio, video or a stenographic transcript by a court reporter.

Lawyers take depositions for three main reasons: to learn what a witness knows, to see how the witness comes across, and to lock in the testimony before trial. If a witness later tells a different story, the transcript can be read back to challenge it. A deposition can also take the place of live testimony: in federal court, for example, when the witness has died, is more than 100 miles away or outside the US, or cannot attend because of age, illness, infirmity or imprisonment.

A party to the case is usually asked to attend through a written notice from the other side's lawyer. A witness who is not a party, such as a bystander or a treating doctor, is usually required to come by a subpoenaSubpoena. A court order that requires a person to appear and testify, or to hand over documents. Witnesses who are not parties are usually brought to a deposition with a subpoena. Glossary.

The rules that apply#

Most car accident cases are in state court, and each state has its own deposition rules. Many follow the general pattern of Federal Rule of Civil Procedure 30, which governs depositions in federal court. Some of its main points:

• Notice. The side that wants the deposition must give every other party reasonable written notice of the time and place.
• Number. Each side can take up to 10 depositions without the other side's agreement or the court's permission.
• Length. One day of 7 hours, unless the parties agree or the court orders otherwise. The court must allow more time if it is needed to examine the witness fairly or if someone delays the questioning.
• Objections. A lawyer who objects states the objection briefly for the record, and the questioning goes on. A lawyer may tell a witness not to answer only to protect a privilege, to enforce a limit the court has ordered, or to pause for a motion to end or limit an abusive deposition.
• Remote depositions. A deposition can be taken by telephone or other remote means if the parties agree or the court orders it.

State rules can differ in useful ways. This table compares the federal rules with the Texas rules as an example:

Texas is also strict about breaks for advice. Under its rules, private talks between the witness and their lawyer while questions are being asked are improper, except to decide whether to claim a privilege; they may talk during agreed breaks.

Who attends#

A typical car accident deposition is held around a conference table or on a video call. The people present usually include:

1. The witness answering the questions.
2. The lawyer who asked for the deposition, who asks most of the questions.
3. The witness's own lawyer, if they have one, and lawyers for the other parties.
4. A court reporter, who swears in the witness and records the testimony, and sometimes a videographer.
5. The parties themselves, who are usually allowed to attend.

Texas lists who may attend without advance notice: the witness, the parties, spouses of parties, the lawyers and their employees, and the officer taking the deposition. Anyone else needs reasonable notice to all parties. In federal court, other witnesses are not automatically kept out just because a party asks, but the court can order them excluded.

What you may be asked#

Questions in an injury case are usually broad. The other side's lawyer wants to know everything that could matter at trial, and the rules allow wide questioning.

How people prepare#

If you have a lawyer, they will usually meet with you before the deposition to explain the process and go over the likely topics. Many people also reread their own documents: the police report, their written answers to interrogatoriesInterrogatories. Written questions that one side in a lawsuit sends to the other side, which must be answered in writing and under oath. Glossary, earlier statements to insurers and a summary of their medical treatment.

Advice given to witnesses in general tends to follow the same lines:

• Tell the truth. A deposition is under oath, just like testimony in court.
• Listen to the whole question, pause, then answer only what was asked.
• Say so if you do not understand a question, do not know an answer or do not remember.
• Do not guess at times, speeds or distances. An honest estimate should be described as one.
• Answer out loud. A court reporter cannot record a nod.

Expect questions about the earlier records and statements, since the other side's lawyer will compare your answers with them.

After the deposition#

The court reporter then prepares a written transcript. In federal court, if the witness or a party asks before the deposition ends, the witness gets 30 days after being notified that the transcript is ready to review it and sign a statement listing any changes and the reasons for them. In Texas, a witness who does not return changes within 20 days of receiving the transcript may lose the right to make them.

Depositions often change how both sides see a case. After the key witnesses have testified, the lawyers have a clearer view of how a trial might go, and mediation or settlement talks may follow. The transcript can also support motions before trial and be used at trial itself.

Other witnesses are deposed too: the other driver, passengers, the investigating officer, treating doctors and expert witnesses. In injury cases this can include the doctor who performed an independent medical examIndependent medical exam. An exam by a doctor chosen by the insurer or the defense. Despite the name, that doctor is not your doctor. Glossary for the defense. Our guide to filing a lawsuit explains where depositions fit among the other stages, and the claim process overview covers the whole path from the crash to a settlement or trial.