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Glossary

Deposition

Sworn testimony given out of court, in front of a court reporter, during discovery.

Last reviewed By the Editorial team 2 min read

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. The stage of a lawsuit in which each side must share documents and answer questions under oath. Glossary 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 explains how to prepare, and filing a lawsuit shows where it fits.

Example#

Questions people ask

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

  1. Cornell Law School, Legal Information Institute, Wex: deposition — general definition
  2. United States Courts, Glossary of legal terms — deposition
  3. Cornell LII, Federal Rules of Civil Procedure, Rule 30 — notice, limits, recording and review of the transcript
  4. Supreme Court of Texas, Texas Rules of Civil Procedure, Rule 199.5(c) — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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