What to Know About Depositions in Oregon
If you’ve been asked to testify at a deposition, this article will explain what it is and what to expect. Depositions can seem intimidating, but understanding the process can help you feel ready and more at ease.
What is a deposition?
A deposition is part of the discovery process in a lawsuit, during which both sides gather information for the case. It is a meeting where a witness answers questions under oath before a trial, and these answers are recorded for the case.
The witness will sit in a room, often at a lawyer’s office or on video, and answer questions. The witness will promise to tell the truth, just like in court. There is no judge present. The deposition is usually recorded by video, audio, or a court reporter.
Why depositions matter
Deposition testimony helps gather facts from important witnesses and confirms what they will say at trial. If a witness cannot go to court, their deposition can be used instead.
Can I bring a lawyer to the deposition?
Yes. A lawyer can help you before and during the deposition. Meeting with your lawyer ahead of time is often an important first step. In that meeting, you can:
- Discuss what to expect.
- Review the important facts.
- Review the important documents.
- Practice answering questions.
During the deposition, your lawyer can object if a question is confusing or not allowed.
Can I appear at a deposition without a lawyer?
Yes. You must go to a deposition, even if you don’t have a lawyer. Here are some key tips to help you prepare:
- Review important case documents.
- Plan how you will get to the deposition so you have enough time and do not feel rushed.
- Test your technology (if the deposition is not in person).
- Arrange childcare if you need to, since depositions can last several hours.
What to expect at the deposition
When you arrive, you will meet the court reporter and the lawyers. Everyone will introduce themselves.
The deposition starts when the court reporter asks the witness to promise to tell the truth. The witness should dress as they would for court or a job interview.
In Oregon, certain rules apply to depositions. The lawyer asking questions may explain these rules, so listen carefully. In general, the rules are:
- You must tell the truth.
- You can take reasonable breaks.
- Your lawyer can object to improper questions.
- You usually need to answer questions unless your lawyer tells you not to.
The deposition may start with easy questions about the witness or their background.
Next, the lawyer may ask more detailed questions about the case. Listen to each question fully and do not interrupt.
Tips for answering questions
- Think before you speak. Hasty and thoughtless answers may be incorrect.
- Remain calm. Do not become angry and lose your temper.
- Speak clearly. If the court reporter does not hear your testimony, they may ask you to repeat it so they can accurately record your answers.
- Ask for clarification. If you don’t understand a question, ask the lawyer to repeat or explain the question. Do not try to answer a question you don’t understand.
- Answer questions directly. If you can answer with a simple “yes” or “no,” that is enough. If you need to explain, that is fine too.
- If you do not know the answer, say so. Tell the person questioning you that you do not know.
- If you don’t remember, that’s okay too. If you do not remember something, say so. Do not guess.
Understanding objections at depositions
During the deposition, your lawyer or another lawyer may object to a question.
Usually, you still need to answer unless your lawyer clearly tells you not to answer.
Common reasons for objections:
- The question is unclear.
- The question asks for privileged information (for example, confidential communications between the witness and their lawyer).
- The question is harassing or improper.
The objections will be resolved at trial. You do not need to worry about objections when they happen.
What happens after a deposition
You can ask for a copy of the recording or the written transcript of the deposition from the court reporter or the other party’s lawyer. If there’s a written transcript, the witness usually has 30 days to review it and point out any mistakes.
- BarBooks: Oregon publishes legal guides for attorneys called BarBooks. You can find more about depositions in the Federal Civil Litigation In Oregon or Oregon Civil Pleading and Litigation books. If you are an Oregon State Bar licensee, you can access these books with your member login. If not, you can use them for free at a law library.
- Oregon Rules of Civil Procedure (ORCPs): If your case is in state court, these rules apply. Rules 39 to 41 talk about depositions.
- Federal Rules of Civil Procedure: If your case is in federal court, these rules apply. Rules 27 to 32 talk about depositions.
The best step is to contact a lawyer. If you do not have one, you can call Oregon’s Lawyer Referral Service to get connected with someone who can help.