Deposition Preparation Guide for Clients
This guide is to prepare clients of The Law Office of Norman Gregory Fernandez for their deposition.
If you have any questions, call our office at
800-816-1529 ext. 0.
This guide is to prepare clients of The Law Office of Norman Gregory Fernandez for their deposition.
If you have any questions, call our office at
800-816-1529 ext. 0.
⭐ CALIFORNIA PERSONAL INJURY DEPOSITION PREPARATION GUIDE
Law Office of Norman Gregory Fernandez Legal Publications
Rev. 2025-02
The information presented here is also available at https://thepersonalinjury.com/deposition-preparation-for-clients/
Watch the below video for deposition preparation and then read the information provided after the video. If you have any questions call our office.
You are receiving this Deposition Preparation Guide because you have an upcoming deposition in your California personal injury case. A deposition is one of the most important events in your entire lawsuit. What you say — and how you say it — can significantly affect settlement value, liability assessment, and the overall outcome of your case.
This guide will teach you:
If you have ANY questions not covered here, you may contact my office anytime. We are here to protect you.
A deposition is a formal question-and-answer session under oath. It usually takes place in a conference room, not a courtroom. A court reporter records every word. Sometimes a video camera is used.
There is no judge present.
The defense attorney asks questions.
Your attorney protects you by objecting when necessary.
Your testimony may be used:
This is why proper preparation is essential.
Your deposition:
Insurance companies and defense attorneys frequently value a case based almost entirely on the plaintiff’s deposition performance.
A truthful, calm, concise deposition = higher case value.
A sloppy, talkative, emotional deposition = dangerous.
✔ Always tell the truth
Never guess. Never exaggerate. Never minimize.
✔ Listen carefully before answering
Do NOT begin speaking until the question is complete.
✔ Answer only the question asked
Do not volunteer information.
Do not explain unless asked.
✔ Keep answers short and simple
“Yes.”
“No.”
“I don’t remember.”
“I don’t know.”
These are legitimate, respectable answers.
✔ Do not guess
You must know the difference between a guess and an estimate — this is covered in Section 4A.
✔ Stop speaking if your attorney objects
Wait until your attorney tells you to proceed.
✔ Stay calm and polite
Do not argue, get angry, or try to “win” the deposition.
✔ Pause before answering
Give yourself a moment to think and allow your attorney to object.
✔ Only answer what is asked
If they ask, “Do you have trouble sitting?” your answer is:
“Yes.”
Not: “Yes, and I also can’t stand or walk very far…”
✔ Speak clearly and slowly
The court reporter must capture every word.
✔ It is OK to say “I don’t know”
If you do not know — SAY SO.
Do NOT try to fill in the blanks.
✔ It is OK to say “I don’t remember”
Memory fades naturally. It is not a sign of dishonesty.
✔ Ask for clarification if needed
If the question is confusing, unclear, or compound, ask them to rephrase it.
⭐ 4A. GUESS VS. ESTIMATE — KNOW THE DIFFERENCE
Defense attorneys LOVE to force people into guessing.
To protect yourself, you MUST know the difference:
What Is a Guess?
A guess is:
Never guess.
If you guess, they WILL use it against you.
What Is an Estimate?
An estimate is:
Examples:
The defense is entitled to your best estimate only if you truly have a basis for it.
⭐ Never guess to give an estimate.
If you cannot estimate, simply say:
These are 100% acceptable answers.
Example: The “Which Body Part Hit First?” Trap
Defense attorneys often ask:
Most people do not remember this because:
Many clients try to reconstruct the event in their mind to “be helpful.”
❗ Reconstructing = Guessing
This is dangerous.
Reconstructing is when a client:
This is technically a guess, and it is extremely harmful.
If you do NOT remember which part hit first:
Say one of the following:
Never make up a story.
Never guess to please the attorney.
Never reconstruct events.
Only answer what you KNOW.
❌ Never guess
❌ Never volunteer extra details
❌ Never exaggerate
❌ Never minimize
❌ Never argue
❌ Never try to be funny or sarcastic
❌ Never discuss settlement
❌ Never admit illegal drug use until you have talked to me
This is critical. Consult me privately first.
❌ Never talk to your attorney during questioning
Only during breaks.
California law protects your privacy.
You do NOT need to disclose:
Your attorney will object to improper questions.
When an objection is made — STOP speaking until told to answer.
Defense attorneys often:
Stay calm.
Stick to short, truthful answers.
Defense attorneys will explore your entire medical history.
Rules:
✔ Only discuss injuries related to this accident
✔ Never volunteer private medical issues
✔ Don’t disclose unrelated conditions
✔ Don’t guess about prior injuries
✔ Keep answers short and factual
They will ask:
Rules:
✔ Keep answers short
✔ Do NOT estimate speed or distance unless you have a basis
✔ Do NOT accept incorrect descriptions
✔ Do NOT try to explain or justify anything
✔ If you don’t remember — say so
Tell the truth about:
Do NOT:
They may ask about:
Rules:
✔ Tell the truth
✔ Do NOT speculate
✔ Discuss only what you know
✔ Don’t embellish your limitations
Defense frequently uses:
Assume you are being recorded at all times.
Do NOT:
✔ Most depositions are NOW done by Zoom
The majority of depositions in California are done remotely.
✔ Either attorney can require the witness to appear in person
If defense counsel insists on an in-person deposition, you must attend in person unless the court orders otherwise.
Rules for Zoom Depositions
If your deposition is remote:
Attorneys watch your eyes and body language carefully.
Time Limits
✔ California depositions are limited to 7 hours on the record
(Unless special circumstances exist.)
✔ A deposition can continue “day-to-day” until complete
Most depositions take one day.
✔ Dress professionally
Business casual is best.
✔ Arrive 15 minutes early
Do not rush in flustered.
✔ Turn off your phone
Not silent — OFF.
✔ Sit upright
Posture shows credibility.
✔ Stay calm and polite
You never argue in a deposition.
✔ You may take a break anytime (except when a question is pending)
Take breaks to:
✔ Objections
When your attorney objects:
STOP speaking immediately.
Wait for instructions.
✔ No speaking to your attorney during a question
Only during breaks.
Before the deposition:
During the deposition:
You may be given the chance to review your written transcript afterward.
You may correct:
But substantive changes can be used against you.
Examples:
Only fix real mistakes — we will review it together.
