What to Expect During a Deposition in Missouri

A deposition is one of the most important events in a lawsuit — and one of the most misunderstood. It is not a trial. There is no jury, no judge presiding over the room, and no verdict at the end. But what happens during a deposition can determine whether your case settles favorably, goes to trial, or falls apart entirely.

Understanding the process removes the anxiety and lets you focus on what matters: telling the truth accurately and completely.

What a Deposition Is

A deposition is sworn testimony given outside of court. You sit in a conference room — typically at a law office — and answer questions from the opposing attorney while a court reporter records every word. Your attorney is present but plays a different role than they would at trial.

The testimony is given under oath. Lying during a deposition carries the same legal consequences as lying on the witness stand — perjury charges are rare but possible, and more importantly, any inconsistency between your deposition testimony and your trial testimony will be used to attack your credibility.

Why Depositions Matter

Depositions serve multiple strategic purposes, and understanding them helps you appreciate why preparation is so important.

Discovery. The opposing attorney wants to learn the facts of your case before trial. They want to know what you saw, what you remember, what injuries you sustained, and how those injuries have affected your life. The deposition is their primary opportunity to hear your story directly.

Locking in testimony. Every answer you give becomes a permanent record. If you testify differently at trial — even on minor details — the opposing attorney will read your deposition answer back to you in front of the jury. This impeachment technique is devastating because the inconsistency suggests you are either confused or dishonest.

Evaluating the witness. How you handle yourself in a deposition tells the opposing attorney how you will perform in front of a jury. A calm, credible, consistent deponent makes the case more valuable. A witness who becomes argumentative, evasive, or emotional under pressure makes the case less valuable.

Driving settlement. Many cases settle after depositions. Both sides now have a clearer picture of the evidence, the witnesses, and the likely trial outcome. If your deposition goes well, the defense often increases its settlement offer. If it goes poorly, the opposite happens.

The Deposition Process

Before the Deposition

Your attorney should spend significant time preparing you. This preparation is not about rehearsing answers — it is about understanding the process, identifying areas where the opposing attorney will probe, and practicing the discipline of answering only what is asked.

Review your prior statements: the police report, your written statement to the insurance company, your medical records, any emails or text messages related to the accident. The opposing attorney has read all of these documents and will ask you about inconsistencies.

During the Deposition

The opposing attorney will begin with background questions — your name, address, employment history, education, medical history. These questions seem routine, but they serve a purpose: they establish a baseline of your background and identify areas to explore.

The questioning then turns to the substance of the case. In a personal injury deposition, expect questions about:

• The accident itself: what you saw, heard, and did
• Your injuries: what hurts, when it started, how it has changed
• Your medical treatment: every doctor, every procedure, every medication
• Your daily life: what you could do before the accident that you cannot do now
• Your employment: how the injury has affected your ability to work
• Your prior medical history: any pre-existing conditions or prior accidents

The entire deposition is transcribed by a court reporter. Some depositions are also videotaped, particularly for witnesses who may not be available at trial.

The Role of Your Attorney

Your attorney's role during your deposition is limited but important. They can object to questions — and they should, when the question is improper — but in most cases, you must still answer the question after the objection is noted. The objection preserves the issue for the judge to decide later.

Your attorney cannot coach you during questioning. They cannot suggest answers, whisper instructions, or signal how you should respond. The deposition is your testimony, not theirs.

Your attorney can, however, request breaks. If you need time to collect yourself, consult with your attorney about a privilege issue, or simply take a pause, you are entitled to a reasonable break. However, if a question is pending — if you have been asked something and have not yet answered — taking a break at that moment can be challenged.

Rules for Effective Deposition Testimony

Listen to the Entire Question

Wait until the attorney finishes speaking before you begin answering. Rushing to respond often means you answer a question that was not actually asked. Pausing briefly also gives your attorney time to interpose an objection if the question is improper.

Answer Only What Is Asked

This is the single most important rule and the hardest to follow. If the attorney asks "What color was the traffic light?" the answer is "Green" — not "Green, and I know it was green because I always look at the light before entering the intersection, and I have been driving through that intersection for fifteen years."

Every additional word you volunteer gives the opposing attorney new material to explore. Short, accurate answers keep the deposition focused and controlled.

Tell the Truth

This should be obvious, but it bears emphasis. Do not exaggerate your injuries, minimize your prior medical history, or embellish the facts of the accident. The opposing attorney has access to your medical records, your social media, your employment file, and potentially surveillance footage. Inconsistencies between your testimony and the documentary record are catastrophic.

Say "I Don't Know" When You Don't Know

You are not expected to have perfect recall. If you do not remember a specific detail, say so. Guessing is far more dangerous than admitting uncertainty. A guess that turns out to be wrong looks like a lie.

Do Not Argue with the Attorney

The opposing attorney may ask questions you find offensive, irrelevant, or confrontational. That is part of the process. Arguing, becoming sarcastic, or losing your temper makes you look unreliable to anyone who reads the transcript. Answer calmly and move on.

Watch for Compound Questions

Some attorneys ask questions that contain multiple parts: "Did you see the other car and apply your brakes?" If you saw the car but did not brake, the question cannot be answered with a simple yes or no. Ask the attorney to break it into separate questions.

Do Not Let the Attorney Summarize Your Testimony

A common technique is for the attorney to restate your answer in slightly different terms: "So what you are saying is..." Their summary may subtly change the meaning of what you said. If the summary is not accurate, correct it immediately.

Common Deposition Traps

The exhaustion question. "Is there anything else?" or "Have you told me everything?" These questions try to lock you into a complete list. If you later remember something you omitted, the defense argues you were either dishholding information. A safer answer: "That is everything I can recall at this time."

The absolute question. "You never experienced back pain before this accident, correct?" If you had any back pain — even minor, unrelated soreness — answering "correct" is inaccurate. The defense will produce your medical records showing a prior complaint and use the inconsistency to impeach you.

The friendly conversation. Some attorneys adopt a conversational, sympathetic tone designed to make you comfortable and talkative. Remember that this is not a conversation — it is sworn testimony. Friendliness does not change the stakes.

The document trap. "Do you recognize this document?" Before confirming, take the time to actually read it. The attorney may be showing you a document you have never seen, and confirming recognition creates problems.

After the Deposition

You will receive a copy of the transcript to review. You have the right to make corrections — but corrections to substantive testimony look suspicious. Technical corrections (spelling, dates) are routine. Changing your answer about what color the light was raises red flags.

Your attorney will review the transcript with you and assess how the deposition affects the overall case strategy — including settlement posture and trial preparation.

FAQ

How long does a deposition last?

Most depositions in personal injury cases last two to four hours. Complex cases or cases with extensive medical histories may take longer. There is no fixed time limit under Missouri rules, though judges can impose limits if the questioning becomes unreasonable.

Can I refuse to answer a question?

In limited circumstances. You can refuse to answer questions that invade attorney-client privilege or that are so far outside the scope of the case that they constitute harassment. Your attorney will instruct you not to answer in those situations. For most questions, even uncomfortable ones, you must answer.

Will my deposition be shown to the jury?

Portions of your deposition may be read to the jury, particularly if your trial testimony differs from your deposition testimony. If your deposition was videotaped, the video may be played. This is why consistency between deposition and trial testimony is critical.

What if I remember something after the deposition?

Contact your attorney immediately. There are procedural mechanisms to supplement deposition testimony, but it is always better to be thorough during the deposition itself.

Do I have to answer questions about my medical history?

In a personal injury case, your medical history is relevant and discoverable. You must answer truthfully about prior injuries, conditions, and treatments. Your attorney can object to questions that go too far afield, but expect detailed inquiry into any medical issue related to the body parts you claim were injured.

For case referrals or co-counsel inquiries, contact Joseph Ott at joe@ott.law or (314) 794-6900.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact OTT Law at (314) 794-6900 for a free consultation specific to your situation.