October 2, 2025 | Personal Injury
If you are involved in a lawsuit in Georgia, you may be asked to attend a deposition. Many people are unsure what happens at a deposition or how it fits into the legal process. A deposition is part of discovery, where lawyers collect sworn testimony outside the courtroom.
Because the testimony is under oath, it can influence settlement negotiations and trial strategy. Knowing what to expect helps you prepare and protect your rights.
What Is a Deposition?
A deposition is a question-and-answer session that happens before a trial. It usually takes place in a law office or conference room rather than in court. The purpose is to gather and preserve testimony for use later in the case.
The following people are typically present:
- The deponent, or person being questioned
- Attorneys for both sides
- A court reporter who records the testimony word for word
- Sometimes a videographer, if the deposition will be filmed
Although it feels less formal than court, a deposition carries the same legal weight. Everything you say is recorded and can be used as evidence at trial.
Why Are Depositions Important?
Depositions allow each side to learn what witnesses know and how they may testify.
This process:
- Helps attorneys evaluate the strength of a case
- Preserves testimony in case a witness cannot attend the trial
- Allows lawyers to test credibility and identify inconsistencies
- Encourages settlement by showing what evidence exists
Because deposition testimony can be used in court, careful preparation is essential.
What Types of Questions Are Asked?
The scope of questions is broad. Attorneys can ask about nearly any topic related to the case.
Common categories include:
- Basic background information, such as name, address, work history, and prior lawsuits
- Facts about the incident, including what you saw, heard, or experienced
- Details about injuries, medical treatment, and recovery if the case involves personal injury
- Clarification about documents, photographs, or other evidence you reviewed
Your attorney can object to certain questions, but you must still answer in most cases. The objection is noted in the transcript, and the judge may decide later if the testimony is admissible.
How Should You Prepare for a Deposition?
Preparation reduces stress and prevents mistakes.
Before the deposition, you should:
- Review important documents, medical records, and timelines with your attorney
- Practice answering clearly, honestly, and without speculation
- Dress professionally, since appearance can affect credibility
- Remember to listen carefully and answer only what is asked
Depositions are not casual conversations. Rambling or volunteering extra details can create confusion or give the other side more to use against you.
What Happens During the Deposition?
On the day of the deposition, the court reporter swears you in and begins recording testimony. The attorney who scheduled the deposition will ask questions first, followed by the opposing lawyer. Your attorney may step in to object if a question is improper, but you usually still need to answer.
Depending on the case, the process can last anywhere from one hour to a full day. Breaks are allowed, but your words are on the record until the deposition ends.
What Happens After the Deposition?
When the deposition is complete, the court reporter prepares a transcript. Both sides review the transcript and may use it to prepare motions, negotiate a settlement, or plan a trial strategy. If your testimony differs from what you later say in court, the transcript can be used to challenge your credibility.
In some cases, depositions reveal weaknesses that encourage settlement before trial. They may also uncover new witnesses or evidence that both sides need to investigate further.
Contact the Atlanta Personal Injury Lawyers at Goldstein Hayes & Lina, LLC for Help Today
What happens at a deposition in Georgia follows the same general rules as in other states, but Georgia law sets clear procedural standards. Testimony is taken under oath, attorneys can use transcripts in court, and witnesses must answer questions truthfully.
If you are scheduled for a deposition, take it seriously. Goldstein Hayes & Lina, LLC is here to help you. Contact us for a free consultation with an Atlanta personal injury attorney.
Goldstein Hayes & Lina Accident Lawyers
3060 Peachtree Rd NW UNIT 1000,
Atlanta, GA 30305
(404) 869-8600
