Deposition Preparation

If your Michigan personal injury case moves beyond the initial stages, there is a strong chance you will be asked to give a deposition. For most people, this is the single most stressful part of the litigation process. You are sitting across from a defense attorney whose entire job is to minimize the value of your claim, and everything you say is recorded under oath. The good news is that thorough preparation makes depositions far less intimidating and dramatically reduces the chance of a harmful answer.

What Is a Deposition?

A deposition is sworn, out-of-court testimony taken during the discovery phase of your lawsuit. A court reporter records every word, and the transcript can be used at trial. You will be placed under oath just as you would be in a courtroom, meaning that providing false information carries the same legal penalties as lying on the witness stand.

Depositions typically take place in a conference room at one of the attorneys' offices. Present will be the defense attorney asking questions, your attorney, and a court reporter. In some cases, a videographer will also be present to record the session on camera.

Why Defense Attorneys Take Your Deposition

The defense has several goals when deposing an injured plaintiff:

• Lock you into a story. If your trial testimony differs from your deposition testimony, the defense will use the inconsistency to attack your credibility.
• Find weaknesses. They are searching for admissions about pre-existing conditions, gaps in treatment, or statements that suggest your injuries are less severe than claimed.
• Assess you as a witness. Insurance companies want to know how sympathetic and believable you will appear to a jury. A strong deposition performance often leads to better settlement offers.
• Gather information. The defense may not yet fully understand the details of your medical treatment, lost wages, or how the accident happened.

The Dos of Deposition Testimony

Following these rules will help you give clean, effective testimony:

• Tell the truth. This is the single most important rule. A truthful answer, even one that seems unfavorable, is always better than a lie that can be exposed later.
• Listen to the entire question. Wait until the attorney finishes speaking before you begin your answer. Jumping in early leads to misunderstandings and reveals information you did not need to share.
• Answer only the question asked. If the attorney asks whether the light was red or green, your answer should be one word. Do not volunteer additional facts, explanations, or stories.
• Say "I don't know" or "I don't remember" when appropriate. You are not expected to have perfect recall. Guessing creates problems. If you genuinely do not remember something, say so.
• Ask for clarification. If a question is confusing, compound, or uses legal jargon you do not understand, ask the attorney to rephrase it. You are not required to answer a question you do not understand.
• Stay calm and polite. No matter how frustrating the questioning becomes, maintain a professional demeanor. Anger or sarcasm will hurt you in the transcript.

The Don'ts of Deposition Testimony

• Do not guess or estimate unless specifically asked for an estimate. If the attorney asks "how fast were you going?" and you are unsure, say so rather than picking a number.
• Do not argue with the attorney. Your job is to answer questions, not to win a debate. Let your attorney handle any disputes.
• Do not look at your attorney for help before answering. It appears as though you need coaching. Trust that your attorney will object if a question is improper.
• Do not bring documents unless instructed. Anything you bring can be examined by the opposing attorney and potentially entered into evidence.
• Do not discuss the deposition with others during breaks. However, you may speak with your own attorney during breaks (except in limited circumstances where a question is pending).
• Never say "never" or "always." Absolute statements are easy to disprove. Use phrases like "I don't recall" or "not that I'm aware of" when appropriate.

Common Defense Attorney Tricks

Experienced defense lawyers use specific techniques to elicit harmful testimony. Recognizing these tactics will help you avoid their traps:

The Friendly Approach: Some attorneys begin with casual conversation to put you at ease, hoping you will become chatty and volunteer information. Remember that nothing in a deposition is casual. Every word is on the record.

The Rapid-Fire Technique: By asking questions quickly, the attorney hopes you will rush your answers and make mistakes. Take your time with every question regardless of the pace.

The Summary Trap: The attorney may say, "So what you're telling me is..." followed by a slightly distorted version of what you said. If the summary is inaccurate, correct it immediately.

The Exhaustive List: After you list your injuries or limitations, the attorney will ask, "Is that everything?" If you say yes and later remember something additional, the defense will claim you fabricated the new complaint. Instead, say, "That is everything I can recall at this time."

The Silence Technique: After you finish answering, the attorney may simply stare at you or remain silent. Many people feel compelled to fill the silence with additional information. Resist this urge. Once you have answered the question, stop talking.

Your Attorney's Role During the Deposition

Your personal injury attorney serves several critical functions during your deposition:

• Objections: Your lawyer will object to improper questions (those that are vague, compound, call for speculation, or seek privileged information). In most cases under Michigan court rules, you must still answer the question after the objection unless your attorney instructs you not to answer, which is reserved for privilege issues.
• Protective measures: If questioning becomes harassing or repetitive, your attorney can seek a protective order or terminate the deposition.
• Breaks: Your attorney can request reasonable breaks if you become fatigued or overwhelmed.
• Preparation: Before the deposition, your attorney will spend significant time reviewing likely questions, practicing answers, and helping you understand the process.

Video Depositions

Increasingly, depositions in Michigan personal injury cases are recorded on video in addition to the stenographic transcript. Video depositions are particularly common when a party may be unavailable for trial or when the visual presentation matters. If your deposition is videotaped, keep these additional points in mind:

• Dress professionally as you would for court.
• Be aware of facial expressions and body language; jurors will see the video.
• Avoid fidgeting, eye-rolling, or sighing, even during frustrating questions.
• Speak clearly and at a moderate pace for the camera.
• Look at the attorney asking questions rather than the camera.

Pre-Deposition Preparation Checklist

In the days and weeks before your deposition, work with your attorney on the following:

• Review the accident report, your medical records, and any written statements you have previously given.
• Refresh your memory on key dates, treating physicians' names, and the timeline of your medical treatment.
• Review your social media accounts; anything posted publicly can be referenced during questioning.
• Practice answering difficult questions about pre-existing conditions or gaps in treatment.
• Understand the litigation timeline so you know where the deposition fits in the overall case.

A well-prepared deponent can dramatically improve their case outcome. Insurance adjusters and defense attorneys evaluate deposition performance when deciding whether to increase settlement offers or take the case to trial. If you give clear, honest, concise answers while avoiding common traps, you put yourself in the strongest possible position to achieve fair compensation. Your preparation with an experienced attorney is one of the best investments of time you can make in your case.