If you have been summoned to give a deposition, or if your attorney has recommended taking one, you likely have questions about what to expect, how the process works, and what it means for your case. A deposition is one of the most consequential steps in civil and criminal litigation, yet it takes place outside the courtroom, often catching parties off guard.
This guide covers everything you need to know about depositions: the legal definition, the different types, the step-by-step process, how to prepare, and what happens after the testimony is complete. At Oronoz & Ericsson, our Las Vegas trial attorneys have prepared hundreds of clients for depositions in personal injury, wrongful death, and criminal defense cases. If you need experienced legal counsel, call us at (702) 710-5628 or contact us online for a free consultation.
What Is a Deposition in Court?
A deposition is a formal, sworn, out-of-court testimony given by a witness (called the “deponent”) during the pre-trial discovery phase of a lawsuit. The testimony is recorded by a certified court reporter and may also be videotaped. Because the deponent is placed under oath, deposition testimony carries the same legal weight as statements made on the witness stand, false statements can result in perjury charges and be used as evidence in a court of law.
Deposition Legal Definition
Under the Federal Rules of Civil Procedure (Rule 30) and Nevada Rule of Civil Procedure 30, a deposition is a discovery device that allows attorneys to question witnesses before trial. The purpose is threefold: to gather facts, to preserve testimony for witnesses who may be unavailable at trial, and to evaluate witness credibility. Nevada courts also permit depositions in criminal cases under specific circumstances outlined in NRS 174.175.
Why Are Depositions Important?
Depositions serve several critical functions in litigation. They lock in a witness’s account early, making it difficult for that person to change their story at trial. They help attorneys identify strengths and weaknesses in both sides’ cases. They provide a basis for settlement negotiations—strong deposition testimony often prompts the opposing party to settle rather than face the same testimony before a jury. And if a witness becomes unavailable due to illness, relocation, or death, the deposition transcript can be read into the record as substantive evidence.
Types of Depositions
Oral Depositions
An oral deposition is the most common form. The deponent appears in person (or via videoconference) and answers questions posed live by the examining attorney. A court reporter transcribes every word, and the session may also be videotaped for later use at trial. Oral depositions allow attorneys to observe the witness’s demeanor, body language, and reaction time, factors that are impossible to assess through written discovery.
Written Depositions (Depositions Upon Written Questions)
In a written deposition, attorneys submit pre-drafted questions to a court officer, who then reads them to the witness and records the answers. This format is less common and typically used for witnesses who are geographically distant or when the information sought is narrow and unlikely to require follow-up questioning. Written depositions are governed by Nevada Rule of Civil Procedure 31.
Deposition vs. Trial Testimony: Key Differences
Although both depositions and trial testimony are given under oath, there are important distinctions. Depositions take place in a private setting, usually an attorney’s office, rather than a courtroom. There is no judge present during a deposition; objections are noted on the record but typically resolved later. The scope of questioning at a deposition is broader than at trial, as attorneys may explore topics that would be inadmissible in court but could lead to discoverable evidence. Finally, deposition transcripts can be used at trial to impeach a witness whose testimony has changed, or to substitute for live testimony if the witness is unavailable.
Who Can Be Deposed?
Any person with knowledge relevant to a case can be deposed, including plaintiffs, defendants, eyewitnesses, expert witnesses, treating physicians, law enforcement officers, and corporate representatives. In Nevada, a party to the lawsuit can be deposed without a subpoena; non-party witnesses must be subpoenaed under NRCP 45. If you receive a deposition notice or subpoena, you are legally required to appear, failure to do so can result in contempt of court sanctions.
The Deposition Process: Step by Step
Understanding each phase of the deposition process reduces anxiety and helps you testify confidently.
Step 1 — Notice of Deposition
The deposing party serves a formal Notice of Deposition, which identifies the witness, the date, time, location, and any documents the deponent should bring. In Nevada, at least 14 days’ notice is generally required under NRCP 30(b).
Step 2 — Preparing With Your Attorney
Before the deposition, your attorney will meet with you to review the facts of the case, discuss likely questions, and practice your responses. Preparation sessions typically cover what documents you may be asked about, how to handle aggressive questioning, and what topics to avoid volunteering information on. At Oronoz & Ericsson, we conduct thorough pre-deposition preparation with every client.
Step 3 — Swearing In and Direct Examination
On the day of the deposition, you will arrive at the designated location, usually a law office or conference room. A court reporter will place you under oath. The examining attorney will then ask a series of questions, starting with background information (name, address, employment) before moving to the substance of the case. Every question and answer is transcribed verbatim.
Step 4 — Cross-Examination
After the first attorney finishes, the opposing attorney (and any other counsel) may ask additional questions. Your own attorney can also ask clarifying questions on redirect. Attorneys may object to certain questions for the record, but you are still required to answer unless your attorney instructs you not to (typically only on grounds of privilege).
Step 5 — Review and Signature
After the deposition concludes, the court reporter produces a written transcript. In Nevada, you have 30 days to review the transcript and submit an errata sheet noting any corrections. This is your opportunity to fix genuine errors, not to change your testimony. Both attorneys receive copies of the final transcript.
How Long Does a Deposition Last?
The length of a deposition depends on the complexity of the case and the witness’s role. Under federal rules, a deposition is limited to one day of seven hours. Nevada does not impose a specific time limit, but judges can set one upon request. Most depositions in personal injury cases last between two and four hours. Complex commercial or wrongful death cases may require a full day or more.
How to Prepare for a Deposition: 10 Essential Tips
- Tell the truth. You are under oath, and any inconsistency between your deposition testimony and later trial testimony will be used to undermine your credibility.
- Listen carefully to each question. Make sure you understand exactly what is being asked before you answer. If a question is unclear, ask the attorney to rephrase it.
- Answer only the question asked. Do not volunteer extra information. Short, direct answers give opposing counsel less material to work with.
- Pause before answering. Take a moment to think. This also gives your attorney time to raise objections if necessary.
- Say “I don’t know” or “I don’t remember” when that is the honest answer. Guessing or speculating can create inaccurate testimony that harms your case.
- Stay calm and composed. Opposing attorneys may try to provoke frustration or anger. A measured, professional demeanor protects your credibility.
- Avoid sarcasm, humor, or combative responses. The transcript does not capture tone, what reads well in conversation may read poorly on paper.
- Do not discuss the deposition during breaks. Side conversations can be discovered and may undermine your testimony.
- Dress professionally. While not required, professional attire sets a serious tone, especially if the deposition is videotaped.
- Get adequate rest and nutrition beforehand. Depositions are mentally demanding. Fatigue leads to mistakes.
Common Deposition Questions
While every case is different, deposition questions fall into predictable categories. Background questions establish your identity, employment, and relationship to the case. Event questions focus on what you saw, heard, or did. Damage questions explore injuries, medical treatment, lost wages, and emotional impact. Opinion questions (for experts) address professional conclusions. Your attorney will review the questions most likely in your case during preparation.
What Happens After a Deposition?
After the deposition, both legal teams analyze the transcript. Strong testimony can accelerate settlement talks, while weak or contradictory testimony may embolden the opposing side. Your attorney will debrief you on how the deposition went and discuss next steps, whether that means further discovery, mediation, or trial preparation. In many personal injury cases, depositions are the turning point that leads to a negotiated settlement.
Deposition FAQs
Can I refuse to answer a question during a deposition?
Generally, no. You must answer most questions during a deposition. However, your attorney can instruct you not to answer if the question invades attorney-client privilege, involves work product, or is unreasonably harassing. Otherwise, even objectionable questions must be answered, with the objection preserved for the court to rule on later.
Can a deposition be used against me at trial?
Yes. If your trial testimony differs from your deposition testimony, the opposing attorney can read your deposition answers to the jury to impeach your credibility. This is one of the primary reasons thorough preparation is essential.
Do I need a lawyer for a deposition?
If you are a party to the lawsuit, your attorney will attend and can raise objections. If you are a non-party witness, you have the right to bring your own attorney, and it is strongly recommended. An attorney protects you from overreaching questions and ensures your rights are preserved.
How much does a deposition cost?
Deposition costs include court reporter fees, transcript fees, videographer fees (if applicable), and attorney time. In Nevada, the party requesting the deposition typically pays for the court reporter and transcript. The overall cost varies widely, from a few hundred dollars for a short deposition to several thousand for complex, multi-day sessions.
What is a deposition hearing?
The term “deposition hearing” is sometimes used informally to describe the deposition session itself. Technically, a deposition is not a “hearing” (which implies a judge is presiding). However, a court hearing may be scheduled if disputes arise during the deposition, for example, if a witness refuses to answer and the deposing party files a motion to compel.
Contact a Las Vegas Deposition Attorney at Oronoz & Ericsson
Facing a deposition in a personal injury or criminal case? The trial attorneys at Oronoz & Ericsson have decades of combined experience preparing clients for depositions in Las Vegas and throughout Nevada. We handle car accidents, truck accidents, wrongful death, negligent security, and criminal defense cases, and we know how to protect your interests during every phase of litigation, including depositions.
Call (702) 710-5628 or contact us online to schedule a free consultation. Let our team prepare you to testify with confidence.