What happens at a deposition in a personal injury case?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

What happens in the room

California’s CCP 2025.010 lets any party take the oral deposition of any person, including another party. In a crash case, that usually means the defense lawyer questions you about the accident, your health before and after it, your work and your treatment. The reporter swears you in first. Some depositions are also video recorded.

The rules aim for courtroom behavior. Texas Rule 199.5(d), adopted in the Supreme Court of Texas order Misc. Docket No. 98-9136, says a deposition must be conducted as if the testimony were being given in court. Private talks between you and your lawyer during questioning are improper except to decide whether to assert a privilege, though you may talk during agreed breaks. Washington’s CR 30(h) adds that objections must be brief and must not coach the witness, and that instructions not to answer are improper except for privilege or a motion to stop an abusive deposition.

Time limits in each state

California’s seven-hour cap has exceptions. It does not apply when the parties agree in writing, to witnesses designated to give opinion testimony under the code’s disclosure sections, to cases the court designates as complex, to employment cases against an employer, to a person designated as an organization’s most qualified witness, or to a party who joined after the deposition ended. A judge must allow more time if needed for a fair examination or if someone delays it.

In Texas, Rule 199.5(c) says no side may examine or cross-examine a witness for more than six hours, and breaks do not count. Washington’s CR 30 has no hour cap, but CR 30(d) lets the witness or a party suspend the deposition and ask the court to stop or limit questioning conducted in bad faith or in a way that unreasonably annoys, embarrasses or oppresses.

How to prepare

Meet with your lawyer before the date. Review your written discovery answers, the main medical records and what you remember about the crash. Tell your lawyer about prior injuries, earlier claims and anything you are worried about, because the defense usually already has records you have forgotten.

During questioning, listen to the whole question and pause before you answer so your lawyer has time to object. Answer only what was asked. If you do not know or do not remember, say so instead of guessing. Ask the lawyer to repeat a question you do not understand. Do not ask for a break while a question is waiting for an answer. What you post online and what you told the insurance company may come up, so read what not to tell the insurance company and our page on recorded statements.

If you are more comfortable in Spanish, testify in Spanish and ask for an interpreter well ahead of time. In California, when no judge is present, a certified or registered interpreter must state on the record his or her name and certification or registration number, confirm the interpreter’s oath, and confirm showing both sides the Judicial Council badge or other proof with photo identification (Government Code 68561(h)). Wait for the full interpretation before answering.

Reading and signing the transcript

After the deposition, you get a chance to review what the reporter wrote. In California, under CCP 2025.520, you have 30 days after notice that the transcript is ready to change answers and sign, or to refuse by not signing. Changes can also be sent in a signed letter to the deposition officer by certified or registered mail. If you do nothing, the transcript is treated as approved.

Texas Rule 203.1, from the same 1998 order, sends the transcript to your attorney if you had one at the deposition. Changes go on a separate sheet with the reason for each one, and you sign under oath. If it is not back within 20 days, you may be treated as having waived the changes. Under Washington’s CR 30(e), changes are entered with your stated reasons, and if you do not sign within 30 days the officer signs and the deposition can be used as though you had.

A deposition is separate from a defense medical exam

A deposition is questioning by lawyers. A defense medical exam is an examination by a doctor the defense chooses, and each state handles it differently. In California, CCP 2032.220 lets any defendant in a personal injury case demand one physical exam of the plaintiff, without painful, protracted or intrusive tests, within 75 miles of the plaintiff’s home. In Texas, a court must order it on a motion showing good cause and that your condition is in controversy, as the Supreme Court of Texas explained in In re H.E.B. Grocery Co. (2016). Washington’s CR 35 also requires a court order for good cause, lets you bring a representative who may observe without interfering, and allows an unobtrusive audio recording unless the court orders otherwise.

What this means for your case

Your deposition is often the defense’s first long look at you as a witness, and the transcript stays part of the case from then on. Telling the truth plainly, including what you cannot remember, protects you more than any rehearsed answer. Many cases settle after depositions, while others go on to trial; see how long a truck accident lawsuit takes. If an offer arrives afterward, read what happens if you reject a settlement offer.

Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

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Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.