# Depositions in car accident cases: what they are and what to expect

> What a deposition is in a car accident lawsuit: who attends, the federal 7-hour limit, the questions asked, preparation and reviewing the transcript.

Canonical page: https://accidentclaimfacts.com/claim-process/deposition/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A deposition is testimony given under oath before trial, usually in a lawyer's office or by video, while a court reporter records every word. It happens during discovery, after a lawsuit is filed. In federal court a deposition is limited to one day of 7 hours unless the parties agree or the court orders otherwise, and state courts have similar rules: Texas limits each side to 6 hours with any one witness. An injured driver is usually asked about their background, the crash, their injuries and how life has changed.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Time limit in federal court | One day of 7 hours | FRCP 30(d)(1); more time can be allowed |
| Time limit in Texas | 6 hours per side, per witness | Breaks do not count |
| Depositions per side without permission | 10 | Federal court (FRCP 30(a)(2)) |
| Time to review the transcript | 30 days | Federal court, if requested before the deposition ends |
| Time to return changes in Texas | 20 days | From when the transcript is provided |
| How testimony can be recorded | By audio, video or a stenographic transcript by a court reporter | Federal court (FRCP 30(b)(3)) |

## What a deposition is

A deposition is part of discovery, the stage of a lawsuit in which each side gathers evidence from the other. A witness, called the deponent, answers questions under oath, just as in court, but no judge or jury is present. Lawyers for each side can ask questions, and the testimony is recorded. In federal court that means audio, video or a stenographic transcript by a court reporter.

Lawyers take depositions for three main reasons: to learn what a witness knows, to see how the witness comes across, and to lock in the testimony before trial. If a witness later tells a different story, the transcript can be read back to challenge it. A deposition can also take the place of live testimony: in federal court, for example, when the witness has died, is more than 100 miles away or outside the US, or cannot attend because of age, illness, infirmity or imprisonment.

A party to the case is usually asked to attend through a written notice from the other side's lawyer. A witness who is not a party, such as a bystander or a treating doctor, is usually required to come by a subpoena.

> **Note:** A deposition is not the same as a [recorded statement](https://accidentclaimfacts.com/claim-process/recorded-statement/) to an insurance adjuster. A recorded statement is an informal interview, usually before any lawsuit; a deposition is formal sworn testimony taken under court rules, with your own lawyer present if you have one.

## The rules that apply

Most car accident cases are in state court, and each state has its own deposition rules. Many follow the general pattern of Federal Rule of Civil Procedure 30, which governs depositions in federal court. Some of its main points:

- **Notice.** The side that wants the deposition must give every other party reasonable written notice of the time and place.
- **Number.** Each side can take up to 10 depositions without the other side's agreement or the court's permission.
- **Length.** One day of 7 hours, unless the parties agree or the court orders otherwise. The court must allow more time if it is needed to examine the witness fairly or if someone delays the questioning.
- **Objections.** A lawyer who objects states the objection briefly for the record, and the questioning goes on. A lawyer may tell a witness not to answer only to protect a privilege, to enforce a limit the court has ordered, or to pause for a motion to end or limit an abusive deposition.
- **Remote depositions.** A deposition can be taken by telephone or other remote means if the parties agree or the court orders it.

State rules can differ in useful ways. This table compares the federal rules with the Texas rules as an example:

| Rule | Federal court | Texas state courts |
|---|---|---|
| Time limit | One day of 7 hours | 6 hours per side, per witness |
| Reviewing the transcript | 30 days after notice, if requested | Return changes within 20 days |

Texas is also strict about breaks for advice. Under its rules, private talks between the witness and their lawyer while questions are being asked are improper, except to decide whether to claim a privilege; they may talk during agreed breaks.

## Who attends

A typical car accident deposition is held around a conference table or on a video call. The people present usually include:

1. **The witness** answering the questions.
2. **The lawyer who asked for the deposition**, who asks most of the questions.
3. **The witness's own lawyer**, if they have one, and lawyers for the other parties.
4. **A court reporter**, who swears in the witness and records the testimony, and sometimes a videographer.
5. **The parties themselves**, who are usually allowed to attend.

Texas lists who may attend without advance notice: the witness, the parties, spouses of parties, the lawyers and their employees, and the officer taking the deposition. Anyone else needs reasonable notice to all parties. In federal court, other witnesses are not automatically kept out just because a party asks, but the court can order them excluded.

## What you may be asked

Questions in an injury case are usually broad. The other side's lawyer wants to know everything that could matter at trial, and the rules allow wide questioning.

| Topic | Typical questions |
|---|---|
| Background | Education, work history, where you have lived, earlier accidents or claims |
| Health before the crash | Earlier injuries, conditions and treatment to the same parts of the body |
| The crash | Where you were going, speed, weather, phone use, what you saw and said |
| Injuries and treatment | Symptoms, doctors, gaps in treatment, how you feel now |
| Losses | Missed work, activities you have stopped, help you need at home |
| Preparation | What documents you reviewed and who you spoke to about the case |

> **Example:** A driver injured in a rear-end crash is asked whether she had neck pain before the accident. She answers that she saw a chiropractor once, two years earlier, and that the pain had cleared up. The defense lawyer then shows her the chiropractor's records, which match what she said.

## How people prepare

If you have a lawyer, they will usually meet with you before the deposition to explain the process and go over the likely topics. Many people also reread their own documents: the police report, their written answers to interrogatories, earlier statements to insurers and a summary of their medical treatment.

Advice given to witnesses in general tends to follow the same lines:

- Tell the truth. A deposition is under oath, just like testimony in court.
- Listen to the whole question, pause, then answer only what was asked.
- Say so if you do not understand a question, do not know an answer or do not remember.
- Do not guess at times, speeds or distances. An honest estimate should be described as one.
- Answer out loud. A court reporter cannot record a nod.

Expect questions about the earlier records and statements, since the other side's lawyer will compare your answers with them.

## After the deposition

The court reporter then prepares a written transcript. In federal court, if the witness or a party asks before the deposition ends, the witness gets 30 days after being notified that the transcript is ready to review it and sign a statement listing any changes and the reasons for them. In Texas, a witness who does not return changes within 20 days of receiving the transcript may lose the right to make them.

Depositions often change how both sides see a case. After the key witnesses have testified, the lawyers have a clearer view of how a trial might go, and [mediation](https://accidentclaimfacts.com/claim-process/mediation/) or settlement talks may follow. The transcript can also support motions before trial and be used at trial itself.

Other witnesses are deposed too: the other driver, passengers, the investigating officer, treating doctors and expert witnesses. In injury cases this can include the doctor who performed an independent medical exam for the defense. Our guide to [filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/) explains where depositions fit among the other stages, and the [claim process overview](https://accidentclaimfacts.com/claim-process/) covers the whole path from the crash to a settlement or trial.

## FAQ

### How long does a deposition last in a car accident case?

It depends on the case and the witness. In federal court the default limit is one day of 7 hours, and in Texas each side may question a witness for up to 6 hours, not counting breaks. Longer depositions need the parties' agreement or a court order.

### Do I have to answer every question at a deposition?

Generally, yes. Lawyers can object, but the objection is noted and the witness usually still answers. In federal court a lawyer may tell a witness not to answer only to protect a privilege, to enforce a court-ordered limit or to seek a ruling on an abusive deposition.

### Will a judge be at my deposition?

No. Depositions take place without a judge. If a dispute comes up that the lawyers cannot resolve, they can ask the court to rule on it later.

### Can my deposition be used at trial?

Yes. It can be used to challenge testimony that differs from what was said at the deposition. A deposition can also replace live testimony in some cases, such as when the witness has died or cannot attend because of illness.

### Can I correct mistakes in my deposition transcript?

Usually, within a deadline. In federal court the witness has 30 days to review the transcript and list changes with reasons, if review was requested before the deposition ended. In Texas, changes must be returned within 20 days.

### Can a deposition be done over video?

Yes. In federal court a deposition can be taken by telephone or other remote means if the parties agree or the court orders it, and state rules, such as those in Texas, also provide for remote depositions.

## Sources

- [Cornell LII, Federal Rules of Civil Procedure, Rule 30](https://www.law.cornell.edu/rules/frcp/rule_30) — notice, limits, recording, objections, attendance and review of the transcript
- [Cornell LII, Federal Rules of Civil Procedure, Rule 32](https://www.law.cornell.edu/rules/frcp/rule_32) — using depositions at trial
- [Supreme Court of Texas, Texas Rules of Civil Procedure](https://txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf) — Rules 199 and 203, depositions in Texas courts