What to do if a lawyer wants to take your deposition

Wayne Schooling • January 12, 2024

Depositions are part of the “discovery” process.

A deposition is an out-of-court proceeding in which a lawyer asks questions of a witness under oath and with a court reporter present. Depositions typically take place at an attorney’s office or a court reporter’s office.

You may have your deposition taken by an attorney if you are a party to a lawsuit or you are someone who has personal knowledge about the facts of a lawsuit. It is common during a lawsuit for a lawyer to depose the plaintiff, the defendant, an expert or someone who has a connection to the case, such as an eye witness.

Often times, the person being deposed will receive a deposition subpoena which describes the date, time, location and purpose of the deposition. The subpoena may also require you to produce specific records. Failure to comply with a subpoena may result in a court order and sanctions against you.

If you are being deposed, it is critical to meet with your attorney beforehand to understand your rights and obligations before and during a deposition.

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