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Your deposition testimony is sworn and permanent

A deposition is not a casual conversation. You are under oath, and every word is recorded by a court reporter. If your trial testimony later contradicts your deposition, the defense attorney will read both versions to the jury. Thorough preparation is not optional — it is the difference between a strong case and a compromised one.

10 Essential Deposition Tips

What Is a Deposition?

If you've been injured in a car accident, truck wreck, or any other personal injury incident in Missouri and you've filed a lawsuit, the defense will almost certainly schedule your deposition. For most accident victims, this is the most stressful part of the legal process — and the part they're least prepared for.

A deposition is sworn, out-of-court testimony. The defense attorney asks you questions. A court reporter transcribes every word into a written transcript. In many cases, it is also recorded on video. You are under oath — which means lying is perjury, a Class D felony in Missouri under RSMo § 575.040.

Your attorney will be there, but they cannot answer questions for you. They can object to improper questions and instruct you not to answer in narrow circumstances, but ultimately you are the one speaking. The defense attorney's entire goal is to lock you into testimony that weakens your case, find inconsistencies, or get you to say something that can be used against you at trial.

That is why preparation matters. The following 10 tips are drawn from decades of personal injury trial practice. They are the same instructions attorney Mark Taran gives every client before a deposition at Taran & Associates, P.C.

1

Tell the Truth — Always

This is the most important rule and the foundation for everything else. You are testifying under oath. Perjury — knowingly making a false statement under oath — is a Class D felony in Missouri, punishable by up to 7 years in prison under RSMo § 575.040.

Beyond the criminal risk, a single lie or exaggeration discovered at trial will shatter your credibility with the jury. Jurors who catch a plaintiff in one lie assume everything else is a lie too. Insurance defense attorneys know this — they often ask questions specifically designed to tempt you into exaggerating your injuries or minimizing your own role.

If the truth is unfavorable, tell it anyway. Your attorney can address unfavorable facts through cross-examination, context, and legal argument. A truthful witness with a few bad facts is infinitely more credible than a witness caught in a single lie.

Remember
Your attorney prepared for the unfavorable facts. A lie you think helps your case will destroy it when the defense uncovers it — and they will.
Missouri law: RSMo § 575.040 — Perjury is committed when a person, in any official proceeding, makes a false statement under oath or affirmation which he does not believe to be true. Class D felony, up to 7 years imprisonment.
2

Listen Carefully to the Full Question Before Answering

Defense attorneys are skilled at framing questions in ways that steer your answer. If you start answering before they finish, you may answer a different question than the one they ultimately ask — and that premature answer is on the record.

Wait until the attorney finishes speaking. Let a beat of silence pass. Make sure you understand exactly what's being asked. If you don't understand the question, say so: "I don't understand the question. Could you rephrase it?"

This pause also gives your attorney time to object if the question is improper. If you answer before your attorney can object, the answer is on the record regardless of the objection.

Practice this
Count to three in your head after each question before you begin answering. It feels unnatural at first, but it prevents impulsive answers and gives your attorney time to protect you.
3

Answer Only the Question Asked — Don't Volunteer Extra Information

This is the single most common mistake deponents make, and it is the one defense attorneys rely on most. When asked a yes-or-no question, answer yes or no. When asked what color the light was, say the color. Do not explain, elaborate, or provide context unless specifically asked to.

Attorney: "Were you taking any prescription medication at the time of the accident?"
Bad answer: "Well, I was taking blood pressure medication, and my doctor had also given me some muscle relaxers for my back, but those were from a different injury—"
→ You just volunteered a prior injury and two medications. The defense now has new attack vectors they didn't have before.

Every additional word you say is a potential new line of questioning. Defense attorneys are trained to sit in silence after you answer, hoping the discomfort will make you keep talking. Don't fill the silence. Answer the question. Stop talking. Wait for the next question.

The golden rule
Answer the question asked. Only the question asked. Then stop. If the attorney wants more information, they'll ask another question.
4

Say "I Don't Know" or "I Don't Remember" When That's the Truth

"I don't know" and "I don't remember" are perfectly acceptable answers in a deposition — as long as they're truthful. You are not expected to have perfect recall of every detail from the day of your accident. The accident may have happened months or years ago.

What you should never do is guess in order to avoid saying "I don't remember." A guess that turns out to be wrong becomes an inconsistency the defense will exploit at trial. "At your deposition, you said X. Now you're saying Y. Which time were you lying?"

Attorney: "What time exactly did the accident occur?"
Good answer: "I don't recall the exact time. I believe it was in the afternoon, but I'd need to check the police report for the specific time."

There is nothing wrong with referencing documents. There is nothing wrong with not having a perfect memory. Honest uncertainty is always better than confident inaccuracy.

5

Don't Guess or Estimate Unless Specifically Asked To

Defense attorneys frequently ask questions that invite speculation: "How fast were you going?" "How far away was the other car?" "How many seconds passed between the impact and when you called 911?"

Unless the attorney specifically asks for an estimate ("Can you give me your best estimate?"), do not provide one. If they do ask for an estimate, make clear on the record that it is an estimate: "I'm estimating, but I believe it was approximately..."

Estimates that are presented as facts become facts on the transcript. "I was going about 35" reads as "I was going 35" in front of a jury — and if the speed limit was 30, you just admitted to speeding.

What to say
"I can't give you an exact number without guessing, and I don't want to guess." This protects you and puts the burden back on the defense to work with documented evidence.

Deposition Coming Up? Talk to an Attorney First.

Proper deposition preparation can be the difference between a strong case and a compromised one. Get a free case evaluation with Missouri personal injury attorney Mark Taran.

6

Watch for Compound Questions — Ask the Lawyer to Rephrase

A compound question packs two or more questions into one. It's a common tactic because a single "yes" or "no" answer to a compound question applies to both parts — even if you only meant it for one.

Attorney: "Were you wearing your seatbelt and driving the speed limit at the time of the accident?"
→ If you say "yes" and you weren't sure about the speed limit, you've just confirmed both on the record.

You have every right to ask the attorney to break compound questions into separate questions. "I'd be happy to answer, but that's two questions. Could you ask them one at a time?" This is not being difficult — it's being precise, and no judge will fault you for it.

What to say
"That question has more than one part. Could you break it into separate questions so I can answer each one accurately?"
7

Don't Let the Opposing Attorney Put Words in Your Mouth

Defense attorneys frequently summarize your previous answers in ways that subtly change the meaning, then ask you to confirm: "So what you're saying is..." or "Isn't it true that..." These are not neutral restatements — they're reframes designed to shift your testimony.

You said: "My back has been hurting since the accident."
Attorney: "So isn't it fair to say your back problems come and go?"
→ If you say yes, "come and go" minimizes chronic pain into intermittent discomfort on the record.

If the attorney's summary doesn't accurately reflect what you said, correct it immediately. "No, that's not what I said. What I said was..." Do not let inaccurate characterizations stand on the record unchallenged.

Stay firm
"That's not accurate. What I said was [repeat your original answer]." Never agree with a characterization that doesn't match what you actually said or meant.
8

Take Your Time — You Can Ask for Breaks

A deposition is not a speed contest. There is no prize for answering quickly. You are entitled to take as much time as you need to think about your answer before speaking. You are also entitled to breaks — for water, the restroom, to collect yourself, or to confer privately with your attorney.

Defense attorneys sometimes use marathon sessions as a deliberate strategy. Fatigue leads to careless answers. When you're tired, you're more likely to guess, volunteer information, or agree with misleading characterizations just to get the question over with. If you feel fatigued, request a break.

Missouri Deposition Time Limits

Missouri Supreme Court Rule 57.03(b)(2) limits depositions to one day of seven hours unless the court grants additional time for good cause. If the defense attorney is running over time or asking repetitive questions, your attorney can raise this with the court.

When to take a break
Anytime you feel fatigued, confused, emotional, or overwhelmed. Wait until you've answered the pending question, then say: "I'd like to take a short break."
9

Don't Argue with the Opposing Attorney

The defense attorney may ask questions that feel provocative, condescending, or designed to make you angry. This is deliberate. An angry, argumentative deponent makes mistakes. They volunteer information, exaggerate, make absolute statements they can't support, and lose credibility on the transcript.

Your job at a deposition is to answer questions — not to convince the defense attorney that your case is strong, not to win an argument, and not to tell your story. Your attorney will present your story at trial. Right now, you give short, honest, precise answers.

The Provocation Trap

Some defense attorneys will deliberately mischaracterize your injuries, question your honesty, or suggest you're exaggerating. They want you to lose your temper and say something reckless on the record. The best response is the calm response: correct the record factually and move on.

Stay controlled
If you feel yourself getting angry or frustrated, take a breath, pause, and give a short factual answer. You can always request a break to cool down.
10

Review Your Medical Records and Prior Statements Before the Deposition

The defense attorney will have your medical records, the police report, your initial claim statement, and any other documents you've produced during discovery. They will ask you questions based on these documents. If your deposition testimony contradicts your own medical records, it creates an inconsistency the defense will use at trial.

Before your deposition, your attorney should walk you through every relevant document: the accident report, your medical records and treatment timeline, any statements you gave to insurance companies, and your answers to written interrogatories. You need to know what's in your own file.

Preparation checklist
Review: (1) police report, (2) all medical records and bills, (3) any prior written or recorded statements, (4) your answers to interrogatories, (5) photos and evidence from the accident scene. Do this with your attorney, not on your own.
Missouri law: Under Missouri Supreme Court Rule 57.03, the deponent may review and correct the transcript within 30 days after notice. However, substantive changes to your answers can be highlighted by the defense at trial to attack your credibility. Get it right the first time.

Common Traps Defense Attorneys Use

Understanding the defense attorney's playbook is half the battle. These are the most common deposition tactics used against personal injury plaintiffs in Missouri:

Leading Questions & the "Isn't It True" Technique

The defense attorney states a conclusion and asks you to agree: "Isn't it true that you were looking at your phone before the crash?" "Isn't it fair to say your injuries aren't as severe as they were six months ago?" These are not neutral questions — they're conclusions phrased as questions. If you agree, the conclusion is now your sworn testimony.

Defense: If the characterization isn't accurate, say so. "No, that's not correct" or "I wouldn't characterize it that way" are powerful, simple answers.

Exhaustion Tactics

Some defense attorneys deliberately extend the deposition, asking repetitive questions from different angles, cycling back to topics already covered, and maintaining an aggressive pace. The goal is to wear you down until fatigue produces a careless answer. Missouri Supreme Court Rule 57.03(b)(2) limits depositions to seven hours for a reason — but even within that window, fatigue is a real weapon.

Defense: Take breaks. Stay hydrated. Eat before your deposition. If the questioning becomes repetitive, your attorney can object on the record.

Prior Injury Fishing Expeditions

The defense will ask about every injury you've ever had: "Have you ever had back pain before this accident?" "Were you ever treated for headaches?" "Have you ever seen a chiropractor?" They're looking for pre-existing conditions they can blame your current symptoms on — the "eggshell plaintiff" defense. Even old, fully resolved conditions become ammunition.

Defense: Answer truthfully but precisely. "I had a back strain in 2019 that resolved completely with physical therapy" is better than "Yeah, I've had back problems before." Don't volunteer conditions they haven't asked about.

The Friendly Conversational Tone

Not every defense attorney is aggressive. Some adopt a friendly, casual demeanor designed to make you relax and treat the deposition like a conversation rather than sworn testimony. When you relax, you volunteer more information, speak less precisely, and forget that every word is being recorded.

Defense: The defense attorney is not your friend, no matter how pleasant they are. Maintain the same discipline with a friendly attorney as you would with an aggressive one.

What to Expect on Deposition Day

Knowing the logistics of deposition day removes much of the anxiety. Here's what the process typically looks like in a Missouri personal injury case:

Location: Depositions usually take place at a law office — either the defense attorney's office, your attorney's office, or a neutral conference room. They do not take place in a courtroom.

Who will be present: You, your attorney, the defense attorney (and possibly additional defense counsel if multiple defendants are involved), and a court reporter. If the deposition is videotaped, a videographer will also be present. The opposing party (the defendant) may or may not attend.

Timing: Plan for 2–4 hours for a typical personal injury deposition, though it could be shorter or longer depending on case complexity. Under Missouri Supreme Court Rule 57.03(b)(2), the default time limit is one day of seven hours.

The oath: The court reporter will swear you in before questioning begins. From that point forward, you are testifying under oath.

Video depositions: If your deposition is videotaped, dress professionally and speak clearly. Video depositions can be played for the jury at trial. Your demeanor, facial expressions, and body language all matter.

The transcript: After the deposition, the court reporter produces a written transcript. Under Missouri Supreme Court Rule 57.03, you have 30 days to review and submit corrections (called an errata sheet). However, substantive changes to your answers will be highlighted by the defense at trial.

Missouri Deposition Rules You Should Know

Missouri has specific procedural rules governing depositions in civil cases. Understanding these protections helps you know your rights during the process:

  • Missouri Supreme Court Rule 57.03: Governs the conduct of depositions in Missouri civil proceedings, including notice requirements, the scope of examination, objections, and time limits.
  • Rule 57.03(b)(2) — Seven-hour limit: A deposition is limited to one day of seven hours unless the court orders otherwise. Your attorney can enforce this limit if the defense overruns.
  • Rule 57.03(b)(4) — Instructions not to answer: Your attorney may instruct you not to answer a question only to preserve a privilege, enforce a court limitation, or to present a motion to terminate the deposition for bad faith or oppression.
  • RSMo § 492.210–492.250: Missouri's statutory framework for depositions, covering who may take depositions, when they may be taken, and how they may be used as evidence at trial.
  • RSMo § 575.040 — Perjury: Making a false statement under oath in any official proceeding, including a deposition, is a Class D felony punishable by up to 7 years imprisonment.
  • Rule 57.03(e) — Review and correction: The deponent has 30 days after being notified that the transcript is available to review it and submit changes in form or substance, along with a statement of reasons for each change.
  • Rule 56.01(b)(1) — Scope of discovery: Deposition questions must be reasonably calculated to lead to the discovery of admissible evidence. Completely irrelevant or harassing questions can be objected to by your attorney.

Why Having Your Attorney at Your Deposition Matters

You should never attend a deposition without your attorney present. In Missouri, your attorney serves several critical functions during the deposition that directly protect your case:

Objections on the record: Your attorney objects to improper questions — questions that are ambiguous, compound, asked and answered, or call for speculation. Even though you still answer most questions despite the objection (the judge rules later), the objection preserves the issue for trial.

Instructions not to answer: In limited circumstances under Rule 57.03(b)(4), your attorney can instruct you not to answer a question — typically to protect attorney-client privilege or when the questioning becomes oppressive. Without your attorney present, you have no one to invoke these protections.

Break management: Your attorney monitors your fatigue, emotional state, and the defense's tactics. They will request breaks when you need them — sometimes before you realize you need them.

Preparation: The most important work your attorney does happens before the deposition. They review every document the defense has, anticipate likely questions, identify danger areas in your testimony, and practice with you until you're confident. A well-prepared deponent is the strongest witness in a personal injury case.

Never attend a deposition unrepresented

If you've been scheduled for a deposition and don't have an attorney, contact one immediately. Taran & Associates, P.C. offers free consultations and can prepare you for your deposition even on short notice. Call (573) 227-8841.

Frequently Asked Questions About Depositions

A deposition is sworn, out-of-court testimony where the opposing attorney asks you questions under oath. A court reporter records every word. Your answers carry the same legal weight as testimony at trial and can be used to impeach you if your story changes later. In Missouri, depositions are governed by Missouri Supreme Court Rule 57.03.
Most personal injury depositions last between 1 and 4 hours, though complex cases involving multiple injuries or disputed liability can run longer. Missouri Supreme Court Rule 57.03(b)(2) limits depositions to one day of seven hours unless the court grants additional time. Your attorney can object if the opposing counsel is dragging things out unnecessarily.
Generally, no. You are under oath and must answer most questions. However, your attorney can object to questions that are privileged (attorney-client communications), harassing, or completely irrelevant. If your attorney instructs you not to answer, follow their lead. Under Missouri Supreme Court Rule 57.03(b)(4), a deponent may be instructed not to answer only to preserve a privilege, enforce a court-imposed limitation, or to present a motion to terminate the deposition.
Lying under oath during a deposition is perjury, a Class D felony in Missouri under RSMo § 575.040, punishable by up to 7 years in prison. Beyond criminal consequences, a lie discovered during trial will destroy your credibility with the jury and likely your entire case. Always tell the truth — even if you think the truth hurts your case.
Yes, your deposition transcript can be used at trial. If your trial testimony differs from what you said at your deposition, the defense attorney will read both versions to the jury to attack your credibility. This is called impeachment. Consistent testimony is crucial — which is why thorough preparation with your attorney before the deposition matters so much.
Absolutely. Your attorney should walk you through your medical records, prior statements, and the police report before your deposition. The defense attorney will test your knowledge of your own treatment history. If you contradict your own medical records, it damages your credibility. Review everything with your attorney — not on your own — so they can explain context and prepare you for likely questions.
Yes. You can request a break at any time — for water, the restroom, to collect yourself, or to confer with your attorney. However, you generally cannot take a break in the middle of a pending question. Wait until the current question is answered, then request a break. Taking breaks when you feel fatigued or overwhelmed is not a sign of weakness — it's smart strategy.

Deposition Scheduled? Don't Walk in Unprepared.

The right preparation can protect your case and your future. Get a free consultation with Missouri personal injury attorney Mark Taran today.

(573) 227-8841

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