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What Is a Deposition?

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By

ACL

The short answer

A deposition is sworn testimony given outside court, usually at a lawyer’s office or remotely, with a court reporter recording every word. In Illinois state court, a discovery deposition is generally limited to three hours unless the parties agree or the court orders otherwise.

Why it matters

Deposition testimony can be used at trial, including to challenge a witness who later says something different. A single poor deposition can shift settlement value significantly.

Where it fits in your case

During discovery, after documents have usually been exchanged.

What to expect

  • Who attends. The witness, the lawyers, a court reporter, and sometimes a videographer and party representatives.

  • Objections. Lawyers may object, but the witness usually still answers unless instructed not to, such as to protect privilege.

  • Discovery versus evidence depositions. Illinois distinguishes discovery depositions from evidence depositions, which are taken to preserve testimony for trial.

  • Corporate witnesses. A business may be required to designate someone to testify on specific topics for the company.

  • Reviewing the transcript. Witnesses typically may review the transcript and note corrections.

What to do now

  • Prepare with your lawyer, including reviewing key documents.

  • Listen to each question, answer only that question, and pause before answering.

  • Say so when you do not know or do not remember.

  • Do not guess, speculate, or volunteer.

What we need from you

The deposition notice, documents you may be asked about, and time to prepare with counsel.

Common misconceptions

  • “A deposition is a chance to tell my side.” It is mainly the other side’s chance to gather information.

  • “If I object, I don’t have to answer.” Usually only your lawyer’s instruction not to answer, on proper grounds, stops an answer.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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