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When involved in a legal case, especially a personal injury lawsuit, you may hear the term “deposition” — but what does it really mean? Contrary to common perception, a deposition doesn’t happen in a courtroom. Instead, it’s a critical part of the pre-trial discovery process, where attorneys gather sworn testimony from witnesses under oath.
In this article, we explain what a deposition is, how it works in Indiana, what to expect if you’re involved, and what you should avoid during one.
What Is a Deposition?
A deposition is a formal interview conducted under oath, where witnesses (called deponents) are questioned by attorneys representing the parties involved in a legal case. Depositions typically take place in an attorney’s office, not in court, but everything said is recorded by a court reporter and transcribed into a written document that may later be used as evidence at trial.
Depositions allow attorneys to:
- Collect critical facts
- Assess the credibility of witnesses
- Lock in testimony
- Uncover additional evidence or case angles
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What Is the Purpose of a Deposition?
The main goal of a deposition is fact-finding. Attorneys use depositions to clarify issues in the case and develop a stronger legal strategy. They may also use deposition testimony during settlement negotiations or at trial to challenge inconsistent statements.
A well-conducted deposition can:
- Reveal new evidence
- Identify weak points in the opposing side’s case
- Encourage early settlement
- Prevent witnesses from changing their stories at trial
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Depositions and the Discovery Process in Indiana
Depositions are a key part of what’s known as discovery — the phase of a lawsuit where each side gathers information before trial. In Indiana, depositions are governed by the Indiana Rules of Trial Procedure, particularly Rule 30, which outlines procedures for taking oral depositions, notice requirements, the scope of questioning, and more.
During discovery, attorneys can ask a broad range of questions — even those that may not seem directly relevant — as long as they could reasonably lead to admissible evidence. Deponents are required to answer truthfully under oath, and misleading or false statements can have legal consequences.
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What Not to Say During a Deposition
Although a deposition is not held in court, your words still carry legal weight. That’s why preparation and caution are essential. Here are key tips on what to avoid:
- Do not guess or speculate. If you don’t know the answer to a question, say so honestly.
- Avoid absolute statements like “I always” or “I never.” These can hurt your credibility if proven incorrect.
- Don’t volunteer extra information. Only answer the specific question asked — avoid adding unnecessary details.
- Stay calm and professional. Even if you feel challenged by an attorney’s tone, don’t argue or get defensive.
- Avoid discussing the case during breaks. Conversations with others during the deposition process may later be scrutinized.
Your attorney will help you prepare in advance so you understand what to expect and how to respond appropriately.
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What Types of Cases Involve Depositions?
Depositions are used in a wide range of legal matters in Indiana, including:
- Personal injury claims: Such as car accidents, medical malpractice, or slip and fall incidents
- Product liability cases: Involving defective or dangerous products
- Wrongful death claims: To determine the cause of death, establish liability, and quantify damages
- Employment and civil lawsuits: Where witness testimony is key to the outcome
In personal injury cases, depositions often focus on the nature of the injury, how the accident occurred, medical treatment received, and the impact on the victim’s daily life.
Preparing for a Deposition in Indiana
Being well-prepared is essential to ensure your deposition goes smoothly. At Christie Farrell Lee & Bell, we walk our clients through every step of the deposition process. Our attorneys help you understand the types of questions you’ll face, how to answer effectively, and how your testimony fits into the bigger picture of your case.
We ensure you’re confident and comfortable before stepping into a deposition setting — and we’ll be right there with you to protect your rights.
Talk to an Indiana Personal Injury Attorney Today
If you’ve been asked to give a deposition or are pursuing a personal injury claim in Indiana, having the right legal team can make all the difference. At Christie Farrell Lee & Bell, we’ve spent more than 40 years helping accident victims across Indiana navigate the legal process — including depositions.
Let us help you prepare and protect your case from start to finish. Call 317-488-5500 or complete our online form to speak with an experienced attorney.
Call 317-488-5500 or complete a Free Case Evaluation form