# Deposition

> A deposition is sworn testimony given out of court during discovery, recorded by a court reporter. Who is deposed in a crash case and the time limits.

Canonical page: https://accidentclaimfacts.com/glossary/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 sworn testimony given out of court during the discovery stage of a lawsuit. A lawyer asks questions, the witness answers under oath, and the testimony is recorded. In federal court, it may be recorded by audio, video or a stenographic transcript by a court reporter.

## In a car accident claim

Depositions happen only after a lawsuit is filed. In a crash case, the injured person, the other driver, witnesses, the investigating officer and treating doctors may all be deposed. The questions usually cover how the crash happened, earlier injuries, treatment, work and daily life.

There are limits on length. In federal court, a deposition is limited by default to one day of 7 hours; in Texas state court, each side may question a witness for no more than 6 hours. The transcript can be used later, for example to challenge a witness whose story changes at trial. Depositions often shape settlement talks, because each side learns what the witnesses will say. Our guide to the [deposition](https://accidentclaimfacts.com/claim-process/deposition/) explains how to prepare, and [filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/) shows where it fits.

## Example

> **Example:** Several months after a lawsuit is filed, the injured driver is deposed at the defense lawyer's office. For a few hours, the lawyer asks about the crash, an old back injury, physical therapy and missed work. A court reporter records every answer, and the driver later reviews the transcript for errors.

## Related terms

- [Discovery](https://accidentclaimfacts.com/glossary/discovery/)
- [Interrogatories](https://accidentclaimfacts.com/glossary/interrogatories/)
- [Subpoena](https://accidentclaimfacts.com/glossary/subpoena/)
- [Examination under oath](https://accidentclaimfacts.com/glossary/examination-under-oath/)

## FAQ

### How long does a deposition last?

It varies. Federal rules set a default limit of one day of 7 hours, and Texas limits each side to 6 hours with a witness. Many depositions in crash cases are shorter.

### Is a deposition the same as testifying in court?

Not quite. You answer under oath, as in court, but there is no judge or jury in the room. The answers are recorded so they can be used later in the case.

## Sources

- [Cornell Law School, Legal Information Institute, Wex: deposition](https://www.law.cornell.edu/wex/deposition) — general definition
- [United States Courts, Glossary of legal terms](https://www.uscourts.gov/glossary) — deposition
- [Cornell LII, Federal Rules of Civil Procedure, Rule 30](https://www.law.cornell.edu/rules/frcp/rule_30) — notice, limits, recording and review of the transcript
- [Supreme Court of Texas, Texas Rules of Civil Procedure, Rule 199.5(c)](https://txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf), checked October 29, 2026