I’ve Been Subpoenaed For A Deposition – Now What?

Whether you are a party to a case or a potential witness, you may be required to answer the other side’s questions under oath.

What is a Deposition?

A deposition is like an interview: You are providing testimony under oath and that testimony is being transcribed (written down verbatim). Depositions are a form of discovery – the other side can ask about things that are reasonably calculated to lead to the discovery of admissible evidence. It is easiest to think of a deposition like the top of a funnel – it is wider, covering more topics – whereas the bottom of the funnel is similar to trial, where the testimony will be narrowly tailored to the issues.

The attorney asking questions is usually the opposing party. The attorney who is attending (or “defending”) the deposition is usually your attorney or the attorney for the party who wants you to testify at trial. The defending attorney will often make objections during the deposition and will tell you whether you can answer the